BIRMINGHAM INSTITUTE of FOREST RESEARCH (Bifor) MILL HAFT WOOD, NORBURY University of Birmingham Extended Phase 1 Habitat Survey (Ecology) 09/09/2014

BIRMINGHAM INSTITUTE OF FOREST RESEARCH (BIFoR) MILL HAFT WOOD, NORBURY University of Birmingham Extended Phase 1 Habitat Survey (Ecology) 09/09/2014

Quality Management

Issue/revision Issue 1 Revision 1 Revision 2 Revision 3 Remarks Draft Final Date 10th June 2014 25th June 2014 9th September 2014 Prepared by Robert Randall Rossa Donovan Rossa Donovan Signature

Checked by Rossa Donovan Marc Jackson Signature

Authorised by Rossa Donovan Signature

Project number 42492 42492 42492 Report number File reference

Project number: 42492

Dated: 09/09/2014

BIRMINGHAM INSTITUTE OF FOREST RESEARCH (BIFoR) MILL HAFT WOOD, NORBURY University of Birmingham Extended Phase 1 Habitat Survey (Ecology)

09/09/2014

Client University of Birmingham Estates Services Edgbaston Birmingham B15 2TT

Consultant WSP UK Limited Three White Rose Office Park Birmingham B5 4PJ UK

Tel: +44 (0)121 352 4700 Fax: +44 121 352 4701 www.wspgroup.co.uk

Registered Address WSP UK Limited 1383511 WSP House, 70 Chancery Lane, London, WC2A 1AF

WSP Contacts Rossa Donovan [email protected]

Table of Contents

Executive Summary...... 1 1 Introduction ...... 3 2 Methods ...... 5 3 Desk Study Results ...... 8 4 Field Survey Results ...... 14 5 Legal and Planning Considerations...... 16 6 Recommendations ...... 21 7 Conclusions ...... 24 8 References ...... 25 Figures and Appendices ...... 27

Project number: 42492

Dated: 09/09/2014

Executive Summary WSP was instructed by the University of Birmingham to undertake an extended Phase 1 habitat survey for the proposed Birmingham Institute of Forest Research (BIFoR) within Mill Haft Wood, Norbury Park, Staffordshire (hereafter, ’the Application Site’). Set within a rural landscape Mill Haft is designated a Site of Biological Importance (SBI) which is a non- statutory designation for nature conservation. Mill Haft is not included in Natural England’s Ancient Woodland Inventory. There are three Staffordshire Biodiversity Action Plan Priority Habitats on Application Site, these are native woodland, streams and ponds; therefore, mitigation has been recommended to reduce potential effects on these habitats. The survey was completed on the 14th February 2014. The habitats and species present on the Application Site were recorded and mapped to produce a Phase 1 habitat map and botanical species list. The Application Site is dominated by semi-natural broadleaved woodland with additional habitats present including a stream and ponds. The wider landscape comprises arable and pastoral agricultural fields, semi-natural woodland pasture surrounding the Application Site and the Shropshire Union Canal present to the west. The Application Site has the potential to support bats, great crested newt and breeding birds all of which are subject to some degree of protection under relevant wildlife legislation. The Application Site also has the potential to support botanical assemblages typical of mature lowland semi-natural woodland communities. Bats Ŷ The woodland habitat provides high quality habitat for bats providing good foraging resources and good connectivity to suitable features within the wider landscape. Ŷ Due to the low impact of the Proposed Development and following discussion with Stafford Borough Council’s Ecologist, further bat surveys are not considered necessary to support the planning application. Ŷ While the trees to be removed to accommodate the Site compound and infrastructure are not thought to provide potential for roosting bats, it is recommended that they are checked (either visually from the ground or through climbed inspections and/or emergence and re-entry surveys) to determine the presence or likely absence of bats prior to felling. Birds Ŷ The woodland Site is likely to be used by a range of common and widespread breeding bird species and in order to comply with wildlife legislation it is recommended that vegetation clearance is undertaken outside of the nesting bird season (i.e. clearance should occur between September and February) to avoid damage or disturbance to breeding birds and their young. Ŷ Due to the low impact of the Proposed Development and following discussion with Stafford Borough Council’s Ecologist, dedicated breeding bird surveys are not considered necessary to support the planning application. Great crested newt Ŷ There are 13 water-bodies on or within 500m of the Application Site with intervening contiguous habitat. Ŷ Of these 13 water-bodies one was considered to have ‘excellent’ suitability for gcn, three ‘good’, three ‘average’, one ‘below average’ and five ‘poor’. Ŷ Great crested newt presence/absence surveys are recommended for the eight water-bodies that score ‘below average’ or above. Badgers Ŷ This extended phase 1 survey is accompanied by a confidential badger appendix. Plants Ŷ Due the potential for interesting botanical assemblages to be present a National Vegetation Classification (NVC) survey is recommended.

It is recommended that the amount of woodland impacted is kept to the minimum amount required to facilitate the work. It is also recommended that protection measures are employed to protect the stream and ponds. Compliance with Legislation and Planning Policy

National and local planning policies and legislative protection have been described.

Provided the recommended protected species surveys are carried out and appropriate mitigation measures are carried out there should be no reason why the Proposed Development would contravene domestic and Euro- pean wildlife legislation.

With reference to paragraph 118 of the National Planning Policy Framework the Proposed Development will cause no significant harm to the habitats or species occupying the Application Site. Furthermore, one of the outcomes of scientific investigations made possible by the Proposed Development will be to develop guidance for managing woodland habitats under future climate change scenarios. As such, the Proposed Development has the potential to provide benefits to biodiversity and nature conservation throughout the UK and internationally

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1 Introduction

1.1 Project Background 1.1.1 WSP has been appointed by the University of Birmingham to prepare an Extended Phase 1 Habitat Survey Report for the Proposed Development at Mill Haft Wood, near Norbury, Staffordshire. 1.1.2 The Application Site is currently woodland with informal un-made access tracks. Refer to Application Site location plan (Figure 1).

1.2 Description of the Proposed Development 1.2.1 This report has been prepared on behalf of the University of Birmingham in support of a full planning application for the Birmingham Institute of Forest Research (BIFoR) on land under the ownership of the Norbury Park Estate. This is an important innovative project with the objective of BIFoR becoming a world-leading centre in the understanding of how forests react to the combined threats of climate change and invasive pests or diseases. 1.2.2 Through the careful integration of a number of slim-line structures within Mill Haft, it is the intention that BIFoR will comprise ground-breaking field facilities, enabling scientists to take measurements from deep within the soil to above the tree canopy. Automatic sensors and instrumented trees will allow scientists to take measurements continuously and remotely, over timescales ranging from seconds to decades. This will then allow further research studies to be carried out back at on- campus laboratories in Birmingham. 1.2.3 It will be the first of its kind for the UK and will provide research collaboration opportunities with similar well established facilities in Australia and America. 1.2.4 The application has been prepared following extensive public consultation and pre-application discussions with officers at Stafford Borough Council (SBC) and Staffordshire County Council (SCC). 1.2.5 The proposed development is detailed on the accompanying drawings which should be reviewed in full. In summary, the Proposed Development includes the following; Ŷ Six Free Air Carbon Dioxide Enrichment (FACE) Rings located in the central area of the Application Site; Ŷ Flux Tower: Ŷ Four Meteorological (MET) Masts; Ŷ Six array control buildings; Ŷ Welfare and Site compound and buildings: providing a work space and welfare facilities for staff and carbon dioxide storage vessels; Ŷ Underground services including a water supply and a fibre optic cable; Ŷ Vehicle access improvements and service roads and upgrade of existing tracks; Ŷ Fences and security gate.

1.3 Description of the Application Site 1.3.1 The Application Site covers approximately 21 hectares (ha) known as Mill Haft Woodland to the south east of Norbury Junction in Staffordshire (hereafter ‘the Application Site’). Figure 1 shows the location of the Application Site. The Application Site mainly comprises broadleaved woodland with a

stream and water-bodies also present. It is bounded to the north by arable fields, to the south by semi-natural broadleaved woodland and semi-improved grassland, to the west by Norbury Road and by semi-improved grassland to the east. The wider landscape comprises arable and pastoral farmland, woodland and the Shropshire Union Canal.

1.4 Brief and Objectives 1.4.1 The objectives of the study were to: Ŷ Complete a desk-top study to review any existing information regarding protected or notable species and designated Application Sites within a 2 kilometre (km) radius of the Application Site, extended to 5 km for bat species; Ŷ Carry out an extended Phase 1 habitat survey to describe and map the habitats on the Application Site and to identify the presence or potential presence of any protected or notable species; Ŷ Undertake a Habitat Suitability Index (HSI) survey of all water-bodies within 500m of the Application Site; Ŷ Carry out a badger survey within and up to 30m outside of the Application Site boundary; Ŷ Assess the suitability of the habitat on Application Site for bats; Ŷ Identify potential ecological constraints to the Proposed Development; Ŷ Provide recommendations for further ecological surveys where necessary; and Ŷ Recommend appropriate mitigation measures to enable compliance with wildlife legislation, offset potential negative ecological effects and enhance biodiversity where possible.

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2 Methods

2.1 Desk Study 2.1.1 A desk study was carried out in accordance with the Institute of Ecology and Environmental Management (IEEM) ‘Guidelines for Preliminary Ecological Appraisal’ (2013). Records of any protected or notable species, habitats and designated nature conservation sites within a 2km radius of the centre of the Application Site were obtained and reviewed. This radius was extended to 5km for bats, as recommended by best practice guidelines (English Nature, 2004), and 10km for International and European conservation sites including Special Areas of Conservation (SAC), Special Protection Areas (SPA) and Ramsar sites. 2.1.2 The following organisation was contacted: Ŷ Staffordshire Ecological Record (SER) – for protected sites and species. 2.1.3 Additional information on sites of nature conservation interest was obtained from: Ŷ Multi Agency Geographical Information for the Countryside (MAGIC) website (magic.defra.gov.uk/); Ŷ JNCC website (jncc.defra.gov.uk); and Ŷ Nature on the map website (www.natureonthemap.naturalengland.org.uk/).

2.2 Extended Phase 1 Habitat Survey 2.2.1 An extended Phase 1 habitat survey of the Application Site was conducted by Robert Randall MCIEEM and Steven Mills ACIEEM on 14th February 2014. 2.2.2 Habitats present on the Application Site were classified and mapped according to the Joint Nature Conservation Committee (JNCC) Phase 1 habitat survey methodology (JNCC, 2010). Fauna and flora present at the time of survey were recorded and assessed for their potential to support notable and/or protected species that could be impacted by development following CIEEM guidance (CIEEM, 2013). Target notes were made for any features of ecological interest (see Figure 2). Plant species were recorded following the nomenclature in Stace (1997).

2.3 Protected Species

Badger 2.3.1 Areas of suitable habitat on and within 30m of the Application Site (where accessible) were searched for evidence of badger with reference to the methodology defined in Harris et al. (1991). Evidence of badger presence includes: Ŷ Setts; Ŷ Latrines; Ŷ Prints and paths or trackways; Ŷ Hairs caught on rough wood or fencing; and Ŷ Other evidence including snuffle holes, feeding remains and scratching posts.

2.3.2 Where setts were recorded, their status and level of activity was noted. Sett status is broadly categorised as follows: Ŷ Main: generally the largest sett within a badger clan’s territory, with a relatively large number of sett entrances with well-worn pathways between them, and conspicuous spoil mounds. This type of sett will be occupied throughout the year and used for breeding; Ŷ Annexe: normally found within 150m of the main sett comprising many entrances, this type of sett may not be occupied throughout the year, and can be used for breeding if there is more than one breeding sow within the clan; Ŷ Subsidiary: similar to an annexe sett, but typically located further from the main sett. This type of sett will not be occupied throughout the year and lacks the well-worn paths associated with main and annexe setts; and Ŷ Outlier: consisting of one or two entrances, this type of sett will be found furthest from the main sett and will only be used sporadically throughout the year. 2.3.3 The suitability of the existing habitats for badger sett building and foraging habitat was assessed. The results of the findings are presented in Confidential Appendix G.

Bats 2.3.4 Individual trees were not categorised for their bat roost potential, due to the many trees within the Application Site boundary and the very low impact of the Proposed Development (the effect of the Proposed Development will be very ‘light-touch’ to preserve the ecological integrity of the woodland). However, the habitat on the Application Site was assessed for its overall potential to support bats using best practice guidance from Hundt (2012) and professional judgement.

Great crested newt 2.3.5 Aerial photography and maps of the area were used to identify whether any water bodies are present within 500m of the centre of the Application Site. This distance is recommended by best practice guidelines (English Nature 2001). All water bodies within 500m not separated from the scheme by a significant barrier to great crested newt dispersal was subject to a Habitat Suitability Index (HSI) survey. The survey followed best practice guidelines for undertaking HSI surveys (ARG UK 2010, based on Oldham et al., 2000)). This involves assessing waterbodies on ten variables which are known to influence breeding populations of great crested newt, these variables are: Ŷ Geographic location; Ŷ Waterbody area; Ŷ Water body permanence; Ŷ Water quality; Ŷ Waterbody shading; Ŷ Impact of waterfowl; Ŷ Fish stocks; Ŷ Number of waterbodies within 1km; Ŷ Terrestrial habitat around the waterbody; and Ŷ Macrophyte cover of the waterbody.

2.3.6 Scores for each of these variables were used to calculate an overall HSI value for each waterbody. This is crossed referenced with the best practice guidelines (ARG 2010) to assign the waterbody to

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one of five categories; poor, below average, average, good or excellent. This, along with professional judgement, is used to determine the need for further survey.

2.4 Notes and Limitations 2.4.1 The extended Phase 1 habitat survey was undertaken outside of the period generally considered to be the optimal vegetation survey period (i.e. April to September). However, in view of the habitats present on the Application Site, this was not considered to impair assessment of the Application Site’s potential to support protected/notable species or habitats. 2.4.2 In relation to the desk study; records held by local biological records centres are generally collected on a voluntary basis; therefore, the absence of records does not demonstrate the absence of species, it may simply indicate a gap in recording coverage. 2.4.3 An extended Phase 1 habitat survey does not comprise a full botanical assessment of all species present within the Application Site; therefore species lists are indicative only. 2.4.4 The baseline conditions described in this report are accurate at the time at which the survey was undertaken. Should considerable time pass (e.g. 2+ years) and/or conditions/land-use on the Application Site change prior to the commencement of works, it is recommended that an up-date survey is undertaken.

3 Desk Study Results

3.1 Introduction 3.1.1 The desk study results are summarised in Sections 3.2 and 3.3. Data older than 10 years is considered to be less important than more recent data due to the length of time that has elapsed since being collected (and the chance that they are no longer valid) and these have therefore been excluded from the protected species summary.

3.2 Nature Conservation Sites 3.2.1 The Application Site does not fall within the boundary of any known statutory designation but the Application Site contains Mill Haft Site of Biological Importance (SBI) which is a non-statutory designated nature conservation site. 3.2.2 Reference to the MAGIC website (www.magic.gov.uk) indicates that there are two European/Internationally designated sites within 10km of the Application Site. These are Midland Meres & Mosses Phase 2 Ramsar and Mottey Meadows Special Area of Conservation (SAC). These sites are described in Table 3.1. Table 3.1 Summary of European designated sites within 10km of the Application Site

Application Proximity to Applica- Designation Description Site name tion Site A wetland site that supports a number of rare species of plants associated with wetlands, including the nationally scarce cowbane Midland (Cicuta virosa) and elongated sedge (Carex elongate). Also present Meres & are the nationally scarce bryophytes (Dicranum affine) and (Sphag- Ramsar 2.1km south west Mosses num pulchrum). Also supports an assemblage of invertebrates in- Phase 2 cluding several rare species. There are 16 species of British Red Data Book insect listed for this site including the following endan- gered species: the moth (Glyphipteryx lathamella), the caddisfly (Hagenella clathrata) and the sawfly (Trichiosoma vitellinae). Consists of lowland hay meadows and holds a relatively large area of habitat (approximately 40 hectares). The site contains grassland with limited influence of agricultural intensification and Mottey SAC 9.6km south east demonstrates good conservation of structure and function. The site Meadows is important for a range of rare meadow species, including snake’s head fritillary (Fritillaria meleagris) at its most northerly native locality. Key: Ramsar - Ramsar SAC – Special Area of Conservation

3.2.3 There are two statutory conservation designated sites within 2km of the Application Site; Doley Common Site of Special Scientific Interest (SSSI) and Loynton Moss SSSI. These sites are described in Table 3.2. 3.2.4 There are 22 non-statutory designated sites within 2km of the Application Site, including Mill Haft Site of Biological Interest which lies within the Application Site. These are listed in Table 3.2.

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Table 3.2 Summary of statutory and non-statutory sites within 2km of the Application Site

Application Proximity to Appli- Designation Description Site name cation Site

Mill Haft SBI On Site A predominantly deciduous woodland, although some stands have been planted recently, and there are occasional blocks of conifers.

Immediately Shelmore A large stretch of woodland situated along the Shropshire SBI adjacent to the Wood Union Canal south of Norbury Junction, containing both semi- south natural and plantation compartments as well as a number of fishing pools

Shropshire An approximately 1km stretch of the Shropshire Union Canal BAS 60m west Union Canal from Shelmore Wood south east towards Plardiwick Bridge

Wood Brook SBI 370m north east An area of woodland on a north facing bank with a stream and Bank small pool along its northern face

Moat Covert SBI 475m north A small broadleaved woodland with a characteristic woodland ground flora

Oulton SBI 535m south west This site consists of a complex of woodland, young plantation Coppice forestry, a wooded stream corridor, semi-improved neutral grassland and some new ponds.

Little SBI 540m north A small woodland replanted mainly with broadleaves, but Campions retaining a rich and characteristic woodland ground flora

Broadleaved woodland on a steep west facing slope, and a Hell Hole SBI 575m south east small area of unimproved grassland directly to the south east of the woodland. A narrow stream flows along the lower edge of the site.

Shelmore A narrow strip of broadleaved woodland that is considerably SBI 715m south Trough wetter in the southern area (probably created when the canal was constructed) Woodland consisting of well-spaced even aged oak trees, Badgers most probably a plantation. The woodland contains large SBI 845m south west Covert amounts of both live and standing dead silver birch trees.

An area of broadleaf plantation containing both planted and Yeld Bank BAS 935m north east non-planted standards.

Brook Semi-natural woodland surrounding two pools. The canopy SBI 1km south west Covert stretching along the northern edge consists of oak and ash, both of which are mature.

A recently felled and replanted broadleaved woodland, with an Rough Pits SBI 1.1km south east area of wet wooded pits

Semi-natural broad-leaved woodland which is noted on Nut Wood SBI 1.2km east Natural England's Ancient Woodland Inventory and is composed of ancient woodland indicator species in the ground

Application Proximity to Appli- Designation Description Site name cation Site

flora.

Ball’s Rough and Gorsey SBI 1.2km north Two areas of broadleaved woodland with a species-rich semi- Covert natural ground flora, connected by a wet ditch.

A low-lying, agriculturally-unimproved pasture in the flood Doley plain of Doley Brook. The major interest is a nationally rare SSSI 1.3km south east Common and threatened acidic marshy grassland community which is extremely scarce in Staffordshire. A largely wooden basin mire on the site of a former mere occupying a glacial kettle hole. There is a range of Loynton SSSI successional woodland and scrub communities and mixed tall 1.6km north west Moss fen on nutrient-rich peat, a situation unique in Staffordshire. This wetland habitat is nationally rare. There is an outstanding assemblage of moths and butterflies.

Pollymoor SBI 1.5km south Areas of broadleaved woodland, planted broadleaf woodland, Wood planted coniferous woodland and area of marshy grassland.

An area of semi-natural ancient broadleaved woodland mainly dominated by mature oak although sycamore is invading. The Hatchwell’s SBI 1.5km south west canopy is quite closed in parts and this has resulted in certain Covert areas being devoid of a ground layer with the exception of bramble.

Hollies SBI 1.6km south east Hollies Common supports a variety of habitat types, including Common broadleaved woodland, dense scrub and several small ponds, only three of which now hold standing water.

A519 road BAS 1.6km north west Verges supporting a variety of habitats including a narrow verges band of woodland

Canal spoil SBI 1.7km north west These mounds now support broadleaved woodland, with a banks rich ground flora which includes a good assemblage of typical woodland herbs.

Coton (north SBI 1.9km south east The wooded embankments either-side a stretch of the of) Shropshire Union Canal, north west of Gnosall.

This site has been used for mineral extraction and the central area consists of exposed bare sand. Two main habitats types Weavers Hill BAS 2km south are present - wet alder carr and stream running along the northern boundary and disturbed, semi-improved grassland around the quarry. Key: SSSI – Site of Special Scientific Interest SBI – Site of Biological Importance BAS – Biodiversity Alert Site

3.3 Protected Species 3.3.1 SER provided the following records of protected and notable species within the desk study search area. Please note that all measurements are from the centre of the Application Site 3.3.2 Mammals excluding bats:

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Ŷ Badger (Meles meles), 670m north; Ŷ Brown hare (Lepus europaeus), 1km north; Ŷ Harvest mouse (Micromys minutus), 800m south west; Ŷ Hedgehog (Erinaceus europaeus), 1.8km north; Ŷ Otter (Lutra lutra), 1km south; and Ŷ Polecat (Mustela putorius), 1.8km north. 3.3.3 Bats: Ŷ Daubenton’s bat (Myotis daubentonii), 2.7km south west; Ŷ Whiskered bat (Myotis mystacinus), 3.6km north; Ŷ Common pipistrelle (Pipistrellus pipistrellus), 2.7km south west; Ŷ Soprano pipistrelle (Pipistrellus pygmaeus), 2.7km south west; Ŷ Natterer’s bat (Myotis nattereri), 3.5km north; and Ŷ Noctule (Nyctalus noctula): 2.7km south west. 3.3.4 Bird records for Schedule 1, Red and Amber List and UK/Staffordshire Biodiversity Action Plan (LBAP): Ŷ Barn owl (Tyto alba), 320m north west; Ŷ Barn swallow (Hirundo rustica), 860m north; Ŷ Common bullfinch (Pyrrhula pyrrhula), 485m north; Ŷ Common cuckoo (Cuculus canorus), 320 north west; Ŷ Common kestrel (Falco tinniculus), 860m north; Ŷ Common quail (Coturnix coturnix), 1.9km north; Ŷ Common starling (Sturnus vulgaris), 1.6km north west; Ŷ Common swift (Apus apus), 860m north; Ŷ Common whitethroat (Sylvia communis); 420m north west; Ŷ Dunnock (Prunella modularis), 125m south; Ŷ Eurasian marsh harrier (Circus aeruginosus), 670m south; Ŷ Eurasian teal (Anas clypeata), 670m south; Ŷ Eurasian tree sparrow (Passer montanus), 250m east; Ŷ Eurasian woodcock (Scolopax rusticola), 1.9km north west; Ŷ Fieldfare (Turdus pilaris), 860m north; Ŷ Gadwall (Anas strepera), 670m south; Ŷ Grey partridge (Perdix perdix), 1,6km south west; Ŷ Grey wagtail (Motacilla cinerea), 860m north; Ŷ House martin (Delichon urbicum); 860m north; Ŷ House sparrow (Passer domesticus), 320m east; Ŷ Lesser spotted woodpecker (Dendrocopos minor); 860m north; Ŷ Linnet (Carduelis cannabina), 860m north; Ŷ Little grebe (Tachybaptus ruficollis), 670m south;

Ŷ Mallard (Anas platyrhynchos), 420m north; Ŷ Meadow pipit (Anthus pratensis), 1.8km north west; Ŷ Mistle thrush (Turdus viscivorus); 670m south; Ŷ Northern lapwing (Vanellus vanellus); 670m south Ŷ Northern wheatear (Oenanthe oenanthe), 860m north; Ŷ Peregrine falcon (Falco peregrinus), 1.7km south east; Ŷ Red kite (Milvus milvus), 1.8km north; Ŷ Redwing (Turdus iliacus), 670m south; Ŷ Reed bunting (Emberiza schoeniclus), 860m north; Ŷ Skylark (Alauda arvensis), 420m north west; Ŷ Song thrush (Turdus philomelos), 860m north; Ŷ Spotted flycatcher (Muscicapa striata); 670m south; Ŷ Stock dove (Columba oenas), 860m north; Ŷ Tufted duck (Aythya fuligula), 670m south Ŷ Willow warbler (Phylloscopus trochilus), 670m south; Ŷ Willow tit (Poecile montanus),670m south; and Ŷ Yellowhammer (Emberiza citronella), 510m north west. 3.3.5 Invertebrates Ŷ August thorn (Ennomos quercinaria), 1.5km north east; Ŷ Autumnal rustic (Eugnorisma glareosa), 1.5km north east; Ŷ Blood-vein (Timandra comae), 1.5km north east; Ŷ Buff ermine (Spilosoma luteum), 1.5km north east; Ŷ Brindled beauty (Lycia hirtaria), 1.5km north east; Ŷ Broom moth (Melanchra pisi), 1.5km north east; Ŷ Brown-spot pinion (Agrochola litura), 1.5km north east; Ŷ Centre-barred sallow (Atethmia centrago), 1.5km north east; Ŷ Cinnabar (Tyria jacobaeae), 1.5km north east; Ŷ Common fan foot (Pechipogo strigilata), 1.5km north east; Ŷ Dark-barred twin-spot carpet (Xanthoroe ferrugata), 1.5km north east Ŷ Deep-brown dart (Aporophyla lutulenta), 1.5km north east; Ŷ Double dart (Graphiphora augur), 1.5km north east; Ŷ Dot moth (Melanchra persicariae), 1.5km north east; Ŷ Dusky brocade (Apamea anceps), 1.5km north east; Ŷ Dusky-lemon sallow (Xanthia gilvago), 1.5km north east; Ŷ Dusky thorn (Ennomos fuscantaria), 1.5km north east; Ŷ Feathered gothic (Tholera decimalis), 1.5km north east; Ŷ Figure of eight (Diloba caeruleocephala), 1.5km north east; Ŷ Flounced chestnut (Agrochola helvola), 1.5km north east;

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Ŷ Garden tiger (Arctia caja), 1.5km north east; Ŷ Ghost moth (Hepialus humili), 1.5km north east; Ŷ Green-brindled crescent (Allophyes oxyacantae), 1.5km north east Ŷ Knot grass (Acronicata runicis), 1.5km north east; Ŷ Large wainscot (Rhizedra lutosa), 1.5km north east; Ŷ Minor shoulder knot (Brachylomia viminalis), 1.8km north west; Ŷ Mottled rustic (Caradina morpheus), 1.5km north east; Ŷ Mouse moth (Amphipyra tragopoginis), 1.5km north east; Ŷ Oak hook-tip (Watsonalla binaria), 1.5km north east; Ŷ Pale eggar (Trichiura crataegi), 1.5km north east; Ŷ Powdered quaker (Orthosia gracilis), 1.5km north east Ŷ Rosy minor (Mesoligia literosa), 1.5km north east; Ŷ Rosy rustic (Hydraecia micacea), 1.5km north east; Ŷ September thorn (Ennomos erosaria), 1.5km north east; Ŷ Shaded broad-bar (Scotopteryx chenopodiata), 1.5km north east; Ŷ Shoulder-striped wainscot (Mythimna comma), 1.5km north east; Ŷ Small pearl-bordered fritillary (Bolaria selene), 1.9km south east; Ŷ Small phoenix (Ecliptopera silaceata), 1.5km north east; Ŷ Small square-spot (Diarsia rubi), 1.5km north east; Ŷ Sprawler (Asteroscopus sphix), 1.5km north east; Ŷ White-letter hairstreak (Satyrium w-album), 420m south; and Ŷ White ermine (Spilosoma lubricipeda), 1.5km north east. 3.3.6 Amphibians: Ŷ Common toad (Bufo bufo), 575m north; and Ŷ Great crested newt (Triturus cristatus), 530m north.

4 Field Survey Results

4.1 Introduction 4.1.1 The results of the extended Phase 1 habitat survey are presented in Sections 4.2 to 4.4. An extended Phase 1 habitat survey map, attached as Figure 2, illustrates the location and extent of all habitat types recorded on the Application Site, with notable features or features too small to map highlighted using Target Notes (TN). A list of the Target Notes is provided in Appendix A. Photographs of the Application Site are included in Appendix B and a list of species recorded on the Application Site is included in Appendix C.

4.2 Habitat Descriptions 4.2.1 The following Phase 1 habitat types (JNCC codes in parenthesis) were recorded on the Application Site during the field survey: Ŷ Broadleaved semi natural woodland (A1.1.1) Ŷ Standing water (G1); and Ŷ Running water (G2). 4.2.2 These habitats are described below; ordered as described within the Phase 1 handbook (JNCC, 2010), not in order of importance.

Broadleaved semi-natural woodland 4.2.3 The dominant habitat type on the Application Site is broadleaved semi-natural woodland (TN1) although conifer is present within the woodland but makes up less than 10% of the canopy. A plantation area (see Figure 2) makes up less than 30% of the canopy composition. The dominant tree species within the tree canopy is oak (Quercus robur) with other species present alder (Alnus glutinosa), ash (Fraxinus excelsior), European larch (Larix decidua), Scot’s pine (Pinus sylvestris), silver birch (Betula pendula) sweet chestnut (Castanea sativa) and wild cherry (Prunus avium). 4.2.4 The understory is fairly sparse; however there are areas of hazel (Corylus avellana) coppice, bramble (Rubus fructicosa agg.) and bracken (Pteridium aquilinum). 4.2.5 The woodland floor was sparse but this is potentially due to the time of year when the survey was undertaken, the dominant species at the time of survey was dog’s mercury (Mercurialis perennis).

Standing water 4.2.6 There are three areas of standing water within the woodland (T2, T3 and T4). T2 appears to be a redundant old channel of Wood Brook, T3 appears to be a man-made water body and T4 appears to be a natural water body on the edge of the woodland.

Running water 4.2.7 There is a watercourse that runs through the northern area of Mill Haft, known as Wood Brook (T5). This does not have steep banks and its associated marginal/riparian vegetation is minimal.

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4.3 Protected Species This report is accompanied by a confidential badger appendix (see Appendix G).

Bats 4.3.1 The semi-natural broadleaved woodland with standing and running water and links to other suitable habitat in the wider landscape was considered (with reference to best practice guidelines) to provide high quality habitat for commuting and foraging bats.

Great crested newt 4.3.2 There are three water-bodies within the Application Site (Ponds 11, 12 and 13). Ten further water- bodies are present within 500m of the Proposed Development that are not separated from the Application Site by a major barrier to newt dispersal. The water-bodies are linked to the Application Site via the semi-improved neutral grassland, broadleaved semi-natural woodland and plantation woodland, which provide suitable foraging and hibernating habitat for great crested newts. 13 water- bodies were subject to a HSI survey to determine their potential to support great crested newt.

Wild Birds 4.3.3 The birds recorded on the Application Site during the survey are listed in Appendix C.

Other Protected or Notable Species 4.3.4 No evidence of other protected species or species of conservation concern were recorded during the survey. Other protected species are not considered likely to be present and no further protected species surveys are recommended. Of note: Ŷ Water voles are considered to be absent due to the lack of suitable banks for burrowing and vegetation for foraging; Ŷ Further surveys for otter and white-clawed crayfish are not considered necessary as Wood Brook will not be impacted as part of the Proposed Development and an appropriate buffer zone will be implemented; Ŷ The woodland is deemed not suitable to support reptiles due to the lack of a well-developed understory; and Ŷ Although the woodland contains species favoured by dormouse, including hazel, they are extremely rare in the borough and there are no records within 2km of the woodland. The likely absence of this species was further agreed in consultations with SBC’s Ecologist. 4.3.5 No invasive species were recorded.

5 Legal and Planning Considerations

5.1 Legislation 5.1.1 This section provides a summary of wildlife legislation and planning policies relevant to the ecological receptors on the Application Site. More detailed information relating to these is provided in Appendix D. 5.1.2 The main pieces of legislation which protect wildlife in the UK are: Ŷ The Conservation of Habitats and Species Regulations 2010 (as amended). The Regulations transpose the requirements of the European Council Directive 92/43/EEC, otherwise known as the Habitats Directive, into UK law. The Regulations provide enhanced protection for species and habitats that are considered important (because they are rare or threatened) at a European level; Ŷ The Wildlife and Countryside Act 1981 (as amended). This is the main piece of domestic legislation which amongst other things provides protection for a range of floral and faunal species in England and Wales and sets out the penalties for contravention of the legislation; Ŷ The Countryside and Rights of Way (CROW) Act, 2000. This Act provides amendments to the Wildlife and Countryside Act 1981; Ŷ The Protection of Badgers Act 1992. This Act provides additional protection for badgers, which although common and widespread, are often subject to cruel treatment; and Ŷ The Natural Environment and Rural Communities Act (2006). Under Section 40 of the NERC Act (2006), planning authorities and other public bodies are required to have regard for the conservation of Species and Habitats of Principal Importance as listed under Section 41 of the Act (hereafter S41 SPI and HPI, respectively) whilst undertaking their duties.

5.2 Planning Policy 5.2.1 The National Planning Policy Framework (NPPF) (2012) provides guidance to Local Planning Authorities for a range of planning objectives including how wildlife should be conserved and enhanced during the planning decision making process. 5.2.2 The NPPF sets out, amongst other points, how at an overview level the ‘planning system should contribute to and enhance the national and local environment by: Ŷ …recognising the wider benefits of ecosystem services; and Ŷ minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures…’ 5.2.3 Paragraph 118 of the NPPF sets out some principles which local planning authorities should follow when determining planning applications, and includes the following: Ŷ ‘- if significant harm resulting from a development cannot be avoided…adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused; Ŷ - …opportunities to incorporate biodiversity in and around developments should be encouraged; Ŷ - planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland…unless the need for, and benefits of, the development in that location clearly outweigh the loss…’

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5.2.4 The NPPF is supplemented by ODPM Circular 06/2005 Biodiversity and Geological Conservation which sets out specific policies for biodiversity and geology. The circular states that the presence of a protected species or Biodiversity Action Plan species are capable of being material considerations in the making of planning decisions. 5.2.5 Local planning policy covering the Site comprises The Plan for Stafford Borough 2011 to 2031, adopted on the 19th June 2014; this document supersedes the Stafford Borough Local Plan and associated saved policies. This includes policy N4 The Natural Environment and Green Infrastructure of which the following elements are applicable to this report: 5.2.6 ‘The Borough's natural environment will be protected, enhanced and improved by: 5.2.7 a. Implementation of the Staffordshire Biodiversity Action Plan, the Stafford Borough Green Infrastructure Strategy and guidance including 'Biodiversity by Design' or any other successor documents to increase and enhance biodiversity, in terms of habitats and species as well as geological conservation or geodiversity through appropriate management for a network of: i) Designated Sites (international, national, regional and local); ii) Biodiversity Action Plan habitats and species populations; iii) Wildlife Corridors and Ecological Networks; 5.2.8 c. Protecting, conserving and enhancing the natural and historic environment and irreplaceable semi- natural habitats, such as ancient woodlands, and ancient or veteran trees; 5.2.9 f. Any new development where damage to the natural environment is unavoidable must include measures to mitigate and / or compensate such impacts, through the establishment of replacement habitats or features, including appropriate site management regimes. 5.2.10 In addition, the latter part of Policy N5 Sites of European, National & Local Nature Conservation Importance is applicable to the Site as a designated SBI. This states: 5.2.11 ‘Development likely to have an adverse effect (either directly or indirectly) on: Ŷ A Local Nature Reserve Ŷ A Site of Biological Importance or a Biodiversity Alert Site Ŷ A Local Geological Site Ŷ A natural watercourse, lakes, reservoirs, rivers, canals and groundwater areas, including Water Framework Directive protected areas as listed in the Humber and Severn River Basin Management Plans. 5.2.12 will not be permitted unless: (a) It can be clearly demonstrated that there are reasons for the proposal that outweigh the need to safeguard the special ecological / geological interest of the site; (b) It has been demonstrated, where development would result in significant harm, that it can not be reasonably located on an alternative site that would result in less or no harm (c) harm can be prevented, minimised, adequately mitigated or compensated for. 5.2.13 Where development is permitted, the authority will impose conditions or planning obligations to ensure the protection and enhancement of the site’s nature conservation and / or geological interest. Where the Council considers that any designated site, protected species or any species or habitat of principal importance for conservation may be affected by a development proposal, an ecological assessment will be required to be submitted with the planning application. 5.2.14 Where development is permitted the Council will require developers to:

a. minimise disturbance; b. protect and enhance the site’s ecological value; c. ensure appropriate management; d. ensure appropriate mitigation measures are designed into the proposal and work on the site does not commence until these measures are in place; e. work to approved methods; and f. create new or replacement habitats equal to or above the current ecological value of the site if damage or loss is unavoidable. 5.2.15 Where possible, the preservation, restoration and re-creation of priority habitats and the recovering of priority species populations will be encouraged in line with the Staffordshire Biodiversity Action Plan. 5.2.16 New developments will be required to include appropriate tree planting, to retain and integrate healthy, mature trees and hedgerows, and replace any trees that need to be removed. Development will not be permitted that would directly or indirectly damage existing mature or ancient woodland, veteran trees or ancient or species-rich hedgerows.’

5.3Biodiversity Action Plans 5.3.1 The United Kingdom Biodiversity Action Plan (UKBAP), first published in 1994 and updated in 2007, is a government initiative designed to implement the requirements of the Convention of Biological Diversity to conserve and enhance species and habitats. The UKBAP contains a list of priority habitats and species of conservation concern in the UK, and outlines biodiversity initiatives designed to enhance their conservation status. The priority species generally correlate with those listed on Section 41 of the NERC Act (with some exceptions). 5.3.2 BAPs in the UK have no statutory status, but provide a framework for implementing conservation requirements. Furthermore, species listed as Priority species in the UK BAP which are also listed as Species of Principal Importance (SPI) are afforded a degree of protection under the NERC Act (2006), which states that local authorities have a duty to conserve biodiversity (see above). The Site contains the UKBAP priority species great crested newt. This is also a SPI listed under the NERC Act. 5.3.3 The national BAP is supplemented by local BAPs which identify habitats and species of particular value or concern at the local level. The Staffordshire Biodiversity Action lists great crested newt as a priority species with the objective to ‘maintain the current range, distribution and viability of existing great crested newt populations’.

5.4 Nature Conservation Sites 5.4.1 The two statutory designated sites (SSSIs) and two European designated sites (Ramsar and SAC) are 1.3km from the Application Site and none of these are connected to the Application Site by any contiguous habitats. As the zone of influence of the likely effects during construction and operation of the Proposed Development is likely to be limited to the Application Site or very close to the Application Site it is not considered likely that the species of importance for any of the statutory or European designated nature conservation sites will be affected. 5.4.2 There are 23 non-statutory nature conservation sites within 2km of the Application Site. Three non- statutory nature conservation sites are on or close to the site; Mill Haft SBI which is on Site, Shelmore SBI which lies immediately adjacent to the south of the Application Site and the Shropshire Union Canal BAS, which is 60m west of the Application Site. SBI’s are considered as being important nature conservation sites at a local level only and are not considered valuable enough to receive legal protection in the same way that a statutory site (e.g. LNR, SSSI) would.

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5.4.3 The proposed approach to the incorporation of BIFoR within Mill Haft is one that has minimal effect. Only a small proportion of the habitat within Mill Haft has the potential to be affected by the Proposed Development and consequently the zone of influence of effect is likely to be limited to within the Application Site. Given this restricted zone of influence it is not considered likely that the biological value for any of the adjacent nature conservation sites will be significantly affected.

5.5 Habitats 5.5.1 Native woodland, ponds and streams are all considered to be Priority Habitats on the Staffordshire BAP, making their presence a material consideration for the purposes of planning decisions. In addition, they provide potential supporting value to local species in the form of breeding, foraging and commuting habitat for birds and bats as well as suitable breeding, foraging and hibernation habitat for great crested newt. 5.5.2 The Plan for Stafford Borough (2011-2031) Policy N4 states that: “The Borough’s natural environment will be protected, enhanced and improved by; c. Protecting, conserving and enhancing the natural and historic environment and irreplaceable semi-natural habitats, such as ancient woodlands, and ancient or veteran trees” 5.5.3 At present neither the stream or ponds on Application Site will be directly affected during the proposed development although works close to these features will require appropriate pollution prevention measures to be implemented. 5.5.4 No other habitats of notable ecological value (e.g. Staffordshire BAP Priority Habitats or S41 HPI) are present on the Application Site.

5.6 Protected Species

Bats 5.6.1 The desk study identified records of common pipistrelle, Daubenton’s bat, Natterer’s bat, noctule bat, soprano pipistrelle and whiskered bat within 5km of the Application Site. All native UK bat species and their roosts are fully protected under the Conservation of Habitats and Species Regulations 2010 (as amended) and the Wildlife and Countryside Act 1981 (as amended), as detailed in Appendix D. Noctule bat and soprano pipistrelle are also listed as S41 SPI. 5.6.2 The trees within Mill Haft were not assessed in detail for their bat roosting potential following discussion with SBC’s Ecologist as the Proposed Development will have minimal affect on the trees. However, many of the trees observed lacked suitable features associated with bat roosts in trees, mostly due to their age or species, with more mature trees being in relatively good condition to preclude the potential for roosting bats. The woodland has been actively managed until recently meaning that many of the dead or dying trees have been removed. 5.6.3 The woodland edges, rides, watercourse and water-bodies provide highly suitable commuting and foraging habitat for bats and good connectivity to suitable features within the wider landscape. As such the Application Site is considered to be of high habitat quality value for bats as assessed in accordance with best practice guidance (Hundt, 2012). The Application Site is approximately 21ha and is therefore classified as a large site under best practice guidelines (Hundt 2012).

Great crested newt 5.6.4 The desk study identified records of great crested newt within 2km of the Application Site, the closest being 530m north of the Application Site. Great crested newt and its habitat are fully protected under the Conservation of Habitats and Species Regulations 2010 (as amended) and the Wildlife and Countryside Act 1981 (as amended), as detailed in Appendix D. Great crested newt is also listed as S41 SPI. 5.6.5 A number of water-bodies are located within 500m of the Application Site with no major barriers to newt dispersal between them and the Application Site. Other ponds are located within 500m but have been scoped out due to being the other side of major barriers to newt dispersal, in this instance the Shropshire Union Canal and Wood Brook. See Figure 3 for the location of ponds within 500m of the Application Site. 13 water-bodies within 500m of the scheme that contained water were subject to a Habitat Suitability Index (HSI) assessment. The HSI uses abiotic and biotic assessment factors to produce a score to assess the suitability of ponds to support great crested newts. Of the 13 ponds one was assessed as ‘excellent’, three were assessed as ‘good’, three were assessed as ‘average’, one was assessed as ‘below average’ and five were assessed as ‘poor’. Full HSI data are presented in Appendix F.

Wild Birds 5.6.6 All wild birds are afforded partial or full protection under Section 1 of the WCA. Some rarer species, or those that are vulnerable to disturbance or persecution, are protected by special penalties. These species are listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended). Further detail on this legislation is provided in Appendix D. 5.6.7 The desk study identified six bird species protected under Schedule 1 which have been recorded within 2km of the Application Site (barn owl, fieldfare, marsh harrier, peregrine falcon, red kite and redwing). Habitat on the Application Site is considered to be not suitable for barn owl, fieldfare, marsh harrier, peregrine falcon and redwings. Habitat on the Application Site is considered to be suitable for nesting red kite although none were observed during the field visit. 5.6.8 Barn owl, common bullfinch, grey partridge, house sparrow, lapwing, linnet, reed bunting and yellowhammer are all Staffordshire BAP Priority Species. Most of these species are not associated with woodlands and are not expected to be present on the Application Site. However, common bullfinch is known to be present in woodland and may be present on the Application Site.

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6 Recommendations

6.1 Nature Conservation Sites 6.1.1 The scale of the development within this locally non-statutory designated nature conservation site (Mill Haft SBI) is low; the majority of the habitat will remain unaffected and any potential effect is considered negligible. As all the impacts are likely to remain on the Application Site due to the nature of the Proposed Development, all other non-statutory and statutory designated sites are not expected to be affected by the Proposed Development.

6.2 Further Surveys 6.2.1 The following scope of further ecological survey is recommended at this stage to enable a full assessment of potential effects on the Application Site. Table 6.1 Scope of further surveys recommended

Survey Scope Seasonal timing

Great As eight water bodies have scored ‘below Mid-march and mid-June crested newt average’ or above HSI survey scores it is recommended these are subject to presence/absence surveys. This involves four surveys between mid-march and mid-June with at least two surveys between mid-April and mid-May.

If great crested newts are found an additional two surveys are required to determine the population size.

National To provide baseline data prior to the study on April to September Vegetation the floral assemblage within the woodland and Classification to inform the planning application it is recommended that a National Vegetation Classification survey is undertaken.

6.3 Mitigation Measures

General Mitigation 6.3.1 The construction works should be constrained to the essential area, to minimise the extent of effects to wider habitat areas.

Habitats 6.3.2 It is recommended that native trees on the Application Site are retained where possible. If any trees are to be removed it is recommended that these are replaced through wider landscape planting using locally sourced, native species planted in areas to provide foraging, commuting, breeding and refuge

habitats for birds, bats and terrestrial species. This may be achieved through planting in new areas and/or enhancement of existing habitats. 6.3.3 Retained trees should be protected in accordance with BS5837:2012 Trees in Relation to Construction, to prevent damage during construction. This would prevent excavation, vehicle movements and long term storage of materials within the root zone of retained trees, all of which have potential to cause damage to the trees, directly or via soil compaction. 6.3.4 As the scheme is involving work near a watercourse all works should be undertaken in accordance with the Environment Agency’s Pollution Prevention Guidelines (PPG): Works and maintenance in or near water: PPG5. 6.3.5 In order to reduce the effect of lighting on nocturnal species such as night flying moths and bats it is recommended that lighting is only installed where it is actually required and is directed only to where it is needed by using hoods, cowls, louvres and shields. Lighting intensity and wavelength should be follow best practice to reduce effects on bats and night flying moths (see Bat Conservation Trust and Institute of Lighting Engineers (2008) Bats and Lighting in the UK).

Species

Bats 6.3.6 A small number of trees will be felled to make way for the site compound and building with all other trees being retained to preserve the ecological integrity of the woodland due to the nature of the experimental facility (full details are provided in the Arboricultural Assessment report). While none of these trees are considered currently suitable for bat roosts, it is recommended that they are checked prior to felling/heavy pruning to ensure that the assessment remains valid. Should suitable features be found it will be necessary to carry out a visual inspection in the first instance followed by a climbing inspection or emergence surveys to confirm or rule out absence. In the unlikely event that these trees are found to contain roosting bats a European Protected Species licence will be required to fell the trees, accompanied by appropriate mitigation. Ŷ If possible the Application Site should remain unlit at night so that the local bat population is not afffected by the Proposed Development; Ŷ If lighting is required this must be kept to a minimum and only where absolutely necessary. Any lighting should be as close to the ground as possible and light pollution of the surrounding woodland should be minimised with the use of hoods, cowls, louvres and shields so as to have a minimal impact on bats; and Ŷ Please refer to Bat Conservation Trust and Institute of Lighting Engineers (2008) Bats and Lighting in the UK for further details.

Great crested newt 6.3.7 To minimise the risk of disturbing, injuring and/or killing a great crested newt it is recommended that the works area is kept to a minimum. Depending on the outcome of the great crested newt survey a development licence from Natural England may be required. Potential mitigation measures may include an ecological clerk of works, habitat manipulation, capture and translocation. Further details will be provided in the great crested newt survey report.

Wild Birds 6.3.8 The clearance of any vegetation suitable to support breeding birds should ideally be carried out outside the bird breeding season i.e. between October and February. If such areas are to be cleared during the bird breeding season (March-September) then they should be checked to confirm the

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absence of breeding birds by a suitably qualified ecologist. Where breeding birds are encountered, the ecologist should advise on an appropriate buffer to be established within which no works would be conducted until the young have fledged the nest.

Other Protected Species 6.3.9 In the unlikely event that any protected species are unexpectedly recorded on the Application Site then works in the area should stop immediately and a suitably qualified ecologist should be contacted.

6.4 Ecological Enhancement 6.4.1 As stated in the NPPF (2012), the planning system should contribute to and enhance the natural and local environment by: Ŷ Recognising the wider benefits of ecosystem services; and Ŷ Minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures 6.4.2 The Proposed Development is compliant with these requirements through the following: Ŷ The need to protect and sustain biodiversity and habitats is inherent within BIFoR’s philosophy of seeking to understand the effects climate changes and invasive pests and diseases on forests. Ŷ The Proposed Development aims to retain as much of the current habitat as possible so as to have minimal impact on the ecological integrity of Mill Haft wood. BIFoR is reliant on maintaining ‘status quo’ rather than habitat interference through ecological enhancement. As a climax community woodland already represents the most complex of terrestrial ecosystems, no enhancements are necessary; and Ŷ – The donor for the BIFoR project and owner of the land upon which it will be located is committed to a number of ecological stewardship schemes across the Norbury Park Estate which has involved significant tree planting and other initiatives.

7 Conclusions 7.1.1 The Proposed Development has been assessed against national and local policy where it has been found that compliance will be achieved with all policies. In addition, provided the recommended further surveys are carried out and any mitigation measures are implemented the Proposed Development should comply with all legal obligations for wildlife protection. 7.1.2 The Application Site largely comprises broadleaved semi-natural woodland, water-bodies and a watercourse. No effects upon designated sites within 2 km are expected from the Application Site due to the nature of the Proposed Development. 7.1.3 The Application Site has the potential to support bats, great crested newt and wild birds all of which receive protection under wildlife legislation. Should any of these species be present they would be a material consideration in the planning process. After discussion with the SBC’s Ecologist regarding the low impact nature of the Proposed Development it has been considered that further bat activity surveys are not required for planning but bat surveys may be necessary if any trees that need to be removed are deemed to have potential to support a bat roost. Breeding bird surveys are considered not to be required for planning. However, great crested newts are deemed to be required for planning by SBC’s Ecologist and further surveys for great crested newt have been recommended. 7.1.4 It is recommended that all vegetation clearance takes place outside of the bird breeding period to avoid contravening the legal protection given to nesting birds. Therefore clearance should take place between October and February. Vegetation clearance outside of this period should be supervised by an ecologist. Recommendations have also been made to minimise any potential effect upon protected species and to maximise biodiversity benefits where possible within the Proposed Development. 7.1.5 The baseline conditions described in this report are accurate at the time at which the survey was undertaken. Should considerable time pass (e.g. 2+ years) and/or conditions/land-use on the Application Site change prior to the commencement of works, then it is recommended that an up- date survey is undertaken. 7.1.6 Provided the recommendations of this and subsequent reports are implemented there should be no ecological reason why planning permission should not be granted.

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8 References

8.1.1 Amphibian and Reptile Groups of the United Kingdom (2010) ARG UK Advice note 5: Great Crested Newt Suitability Index. www.arguk.org/index.php?option=com_docman&task=doc_download&gid=9&Itemid=17 8.1.2 CIEEM (2013) Guidelines for Preliminary Ecological Appraisal. Institute of Ecology and Environmental Management, Winchester. 8.1.3 Bat Conservation Trust and Institute of Lighting Engineers (2008) Bats and Lighting in the UK: Bats and the Built Environment Series CIEEM (2013) Guidelines for Preliminary Ecological Appraisal. Institute of Ecology and Environmental Management, Winchester. 8.1.4 Department for Communities and Local Government (2012) National Planning Policy Framework. HMSO, UK. (http://www.communities.gov.uk/publications/planningandbuilding/nppf ) 8.1.5 English Nature (2001) Great Crested Newt Mitigation Guidelines. English Nature, Peterborough 8.1.6 English Nature (2004) Bat Mitigation Guidelines. English Nature, Peterborough. 8.1.7 Gent, T., Gibson, S. (2003) Herpetofauna Workers Manual. JNCC, Peterborough 8.1.8 Harris, S. (1991). Surveying Badgers. Mammal Society, Southampton 8.1.9 HMSO (2005) Biodiversity and Geological Conservation – Statutory Obligations and Their Impact Within the Planning System. Office of the Deputy Prime Minister (ODPM) Circular 06/2005 HMSO, Norwich. 8.1.10 HMSO Countryside and Rights of Way Act 2000. 8.1.11 HMSO Conservation of Habitats and Species (Amendment) Regulations 2011 8.1.12 HMSO Wildlife and Countryside Act 1981 (as amended).HMSO (2006) Natural Environment and Rural Communities Act. 8.1.13 Hundt (2012) Bat Surveys Good Practice Guidelines 2nd Edition, Bat Conservation Trust, London. 8.1.14 IEEM (2006) Guidelines for Ecological Impact Assessment in the United Kingdom. Institute of Ecology and Environmental Management, Winchester. 8.1.15 JNCC (2010) Handbook for Phase 1 Habitat Survey: A technique for environmental audit (reprint). Joint Nature Conservation Committee, Peterborough. 8.1.16 JNCC website (www.jncc.defra.gov.uk ) 8.1.17 Multi Agency Geographical Information for the Countryside (MAGIC) website last accessed on 19.03.2013 (http://magic.defra.gov.uk/website/magic ) 8.1.18 Natural England website (http://www.naturalengland.org.uk/ ). 8.1.19 Nature on the map website (http://www.natureonthemap.naturalengland.org.uk/) 8.1.20 Oldham, RS, Keeble, J. Swan, MJS and Jeffcote, M. (2000) Evaluating the suitability of habitat for the great crested newt (Tritarus cristatus). Hereptological Journal. 10: 143-155 8.1.21 Stace, C. (1997) New Flora of the British Isles 2nd Edition. Cambridge University Press, UK.

8.1.22 The Plan for Stafford Borough 2011-2031 Adopted 19 June 2014 http://www.staffordbc.gov.uk/theplanforstaffordborough . Accessed 09.09.2014. 8.1.23 UK Biodiversity Action Plan Steering Group (1994) Biodiversity: the UK Action Plan. HMSO

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Figures and Appendices

Figure 1 Application Site Location Plan

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Application Site Location Plan Scale @ A3 : 5,000 Figure 1 ±

Contains Ordnance Survey data © Crown copyright and database right 2014

PROJECT: Drawn: KW Birmingham Insititute of Forest Research, Mill Haft Wood Checked: MH PROJECT No: 42492 Approved: RD Client: Revision: A University of Birmingham Date: September 2014

Figure 2 Phase 1 Habitat Map

Phase 1 Habitat Plan Scale @ A3 : 2,173 Figure 2

Key

Approximate Site Boundary

Track . Target Notes ± Woodland Broad-leaved Semi-natural

Area of Thinned Oak & Coppiced Hazel

Running water

Standing Water

Woodland Broad-leaved Semi-natural

8 .

9 .

2 .

5 1 6 . . .

3 4 7 . . .

Contains Ordnance Survey data © Crown copyright and database right 2014

Project: Drawn: SM University of Birmingham Forest Laboratory (BIFoR) Checked: RR Project No: Approved: RD 42492 Revision: A Client: University of Birmingham Date: September 2014

Figure 3 Pond Location Plan

HSI of Ponds Scale @ A3 : 6,000 Figure 3

Key Application Site Boundary ±

Pond 10 - HSI 0.73

Pond 9 - HSI 0.82

Pond 8 - HSI 0.44

Pond 12 - HSI 0.52

Pond 11 - HSI 0.45 Pond 13 - HSI 0.70

Pond 6 - HSI 0.32 Pond 7 - HSI 0.74

Pond 5 - HSI 0.33

Dry Pond 4 - HSI 0.72

Pond 2 - HSI 0.68

Pond 1 - HSI 0.63

Pond 3 - HSI 0.45

Contains Ordnance Survey data © Crown copyright and database right 2014

Project: Drawn: SM University of Birmingham Forest Lab (BIFoR) Checked: RR Project No: Approved: AP 42492 Revision: A Client: University of Birmingham Date: September 2014

Appendix A Phase 1 Target Notes TN1: Broadleaved semi-natural woodland which is the dominant habitat on Site. The dominant species on Site are oak, silver birch and hazel TN2: Water-body (Pond 11) on Site that appears to be a redundant channel of Wood Brook. TN3: Water body (Pond 12) on Site that appears to be man-made. TN4: Water body (Pond 13) on Site that appears to be natural on the southern woodland edge. TN5: Wood Brook is a watercourse that runs through Mill Haft towards its northern edge. Further Target Notes are provided in Appendix G.

Appendix B Application Site Photographs

Plate 1: TN1: Broadleaved semi-natural woodland which is the dominant habitat on Site. The dominant species on Site are oak, silver birch and hazel.

Plate 2: TN2: Water-body (Pond 11) on Site that appears to be a redundant channel of Wood Brook.

Plate 3: TN3: Water body (Pond 12) on Site that appears to be man-made.

Plate 4: TN4: Water body (Pond 13) on Site that appears to be natural on the southern woodland edge.

Plate 5: TN5: Wood Brook is a watercourse that runs through Mill Haft towards its northern edge.

Further Photographs are provided in Appendix G.

Appendix C Indicative Species List Birds

Common Name Latin Name

Heron Ardea cinera

Woodpigeon Columba livia

Carrion crow Corvus corone

Blackbird Turdus merula

Plants

Common Name Latin Name Sycamore Acer psuedoplatanus

Alder Alnus glutinosa

Silver bitch Betula pendula

Sweet chestnut Castanea sativa

Hazel Corylus avellana

Ash Fraxinus excelsior

Holly Ilex aquifolium

European larch Larix decidua

Dog’s mercury Mercurialis perennis

Wild cherry Prunus avium

Common bracken Pteridium aquilinum

Pendunculate oak Quercus robur

Bramble Rubus fruticosus agg.

Appendix D Relevant Legislation and Planning Policy

General legislation and policy overview

This section 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 Conservation of Habitats and Species Regulations 2010 (as amended) The Conservation of Habitats and Species Regulations 2010 (as amended) consolidate all the various amendments made to the Conservation (Natural Habitats, &c.) Regulations 1994 in respect of England and Wales. The 1994 Regulations transposed Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (EC Habitats Directive) into national law.

Conservation of habitats The regulations place duty upon the relevant authority of the UK 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 UK 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.

Protection of species The Regulations make it an offence (subject to exceptions) to deliberately capture, kill, disturb, or trade in the animals listed in Schedule 2, or pick, collect, cut, uproot, destroy, or trade in the plants listed in Schedule 4. However, these actions can be made lawful through the granting of licenses by the appropriate authorities. Licenses may be granted for a number of purposes (such as science and education, conservation, preserving public health and safety), but only after the appropriate authority is satisfied that there are no satisfactory alter- natives and that such actions will have no detrimental effect on wild population of the species concerned.

Adaptation of Planning and Other Controls The Regulations require competent authorities to consider or review planning permission, applied for or grant- end, affecting a European Site, and, subject to certain exceptions, restrict or revoke permission where the integrity of the Site would be adversely affected. Equivalent consideration and review provisions are made with respects to highways and roads, electricity, pipe-lines, transport and works, and environmental controls (including discharge consents under water pollution legislation). Special provisions are also made as respects general development orders, special development orders, simplified planning zones and enterprise zones.

2011 and 2012 Amendments In April 2011, the Regulations were amended by The Conservation of Habitats and Species (Amendment) Regulations 2011. Amendments to the Regulations included ensuring certain plans or projects are subject to the requirements of the Habitats Directive and that competent authorities assess the implications of certain plans or projects on a protected site in view of the site’s conservation objectives when deciding whether to give regulatory consent. The amendments also reflected that a marine licence will now be required for most activities in UK inshore waters, replacing the need for existing consents. The 2011 amendments also

transposed obligations contained in Articles 4 (1) and (2) of the Birds Directive (Ref 4) and impose a duty on the Secretary of State or Welsh Ministers (as appropriate) to classify sites as special protection area (areas designated to safeguard the habitats of migratory birds and particularly threatened bird species).

Further amendments were made to the Regulations, which came into force in August 2012, to ensure the requirements of the Habitats Directive are transposed in a clear manner. These regulations, cited as the Conservation of Habitats and Species (Amendment) Regulations 2012, require public bodies (i.e. any Minister, government department, public body, or person holding a public office) to help preserve, maintain and re- establish habitat for wild birds and comply with the Habitats Directive and the Birds Directive . The regulation amendments also detail that management schemes may be established for European marine sites in order to secure compliance with the requirements of the Birds Directive as well as the Habitats Directive. Other amendments include changes to simplify particular regulations, such as where land has more than one designation i.e. SSSI & SPA, or remove restrictions posed by previous regulations in relation to protecting European marine sites.

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 Conservation of Habitats and Species (Amendment) Regulations 2011 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. All relevant species specific legislation is detailed later in this Appendix.

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 Sum- mit) 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. Section 41 (England) list habitats and species of principal importance to the conservation of biodiversity in England. These species and habitats are a material consideration in the planning process.

The Hedgerow Regulations 1997 Under the Hedgerow Regulations 1997 (Ref 8) it is against the law to remove or destroy certain hedgerows without permission from the local authority.

Local planning authority permission is required before removing hedges that are at least 20 metres (66 feet) in length more than 30 years old and contain certain species of plant. The authority will assess the importance of the hedgerow using criteria set out in the regulations.

Protected Species Legislation The wildlife legislation outlined below is subject to certain provisions. A license from an appropriate authority (e.g. Natural England) may be obtainable to permit activities which might otherwise constitute an offense under these Acts and Regulations, subject to the fulfilment of certain criteria relating to the reasons, methods and resulting effect of the activities proposed.

Great Crested Newt This species receives full protection as European Protected Species under Section 41 of The Conservation of Habitats and Species Regulations 2010 through its inclusion on Schedule 2. Under the Regulations it is an offense to deliberately: Ŷ capture, injure or kill a wild animal of this species; Ŷ disturb such animals; Ŷ take or destroy the eggs of such an animal; and to Ŷ damage or destroy a breeding site or resting place of such an animal. Ŷ It is also an offence to: Ŷ possess or control, transport, sell or exchange or offer for sale or exchange any of these species or any part or derivative of one (if obtained after May 1994).

Bats All native UK bats are afforded full protection under Section 9 of the Wildlife and Countryside Act 1981 (as amended) through their inclusion on Schedule 5 of the Act. Under the Act it is an offense to: Ŷ intentionally or recklessly kill, injure or take a wild animal included in Schedule 5 (Section 9.1); and to Ŷ possess or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal (Section 9.2). Ŷ It is an offence intentionally or recklessly to: x damage or destroy any structure or place which any wild animal specified in Schedule 5 uses for shelter or protection (Section 9.4a); x disturb any such animal while it is occupying a structure or place which it uses for shelter or protection (Section 9.4b); or x obstruct access to any structure or place which any such animal uses for shelter or protection (Section 9.4c).

It is also an offence to: Ŷ sell, offer or expose for sale, or possess or transport for the purpose of sale, any live or dead wild animal included in Schedule 5, or any part of, or anything derived from, such an animal (Section 9.5a); or Ŷ publish or cause to be published any advertisement likely to be understood as conveying that one buys or sells, or intends to buy or sell, any of those things (Section 9.5b). Knowingly causing or permitting any of the above acts to be carried out is also an offence.

Bats also receive full protection as European Protected Species under Section 41 of The Conservation of Habi- tats and Species Regulations 2010 through their inclusion on Schedule 2. Under the Regulations it is an offense to deliberately: Ŷ capture, injure or kill a wild animal of these species; Ŷ disturb such animals; and to

Ŷ damage or destroy a breeding site or resting place of such an animal.

It is also an offence to: Ŷ possess or control, transport, sell or exchange or offer for sale or exchange any of these species or any part or derivative of one (if obtained after May 1994).

Breeding Birds All wild birds are afforded partial or full protection under Section 1 of the Wildlife and Countryside Act 1981 (as amended). Some rarer species, or those that are vulnerable to disturbance or persecution, are protected by special penalties. These species are listed on Schedule 1 of the Act. Under the Act it is an offense to intentionally or recklessly: Ŷ kill, injure or take a wild bird; Ŷ take, damage, destroy or interfere with a nest of any wild bird whilst it is in use or being built (or at any time for a nest habitually used by white-tailed eagle); Ŷ obstruct or prevent any wild bird from using its nest; Ŷ take or destroy an egg of any wild bird; Ŷ disturb any wild bird listed on Schedule 1 whilst it is building a nest or is in, on, or near a nest containing eggs or young, or whilst lekking; Ŷ disturb the dependent young of any wild bird listed on Schedule 1; and to Ŷ harass any wild white-tailed eagle. It is also an offence to possess or control a live or dead wild bird, an egg of a wild bird (or any such derivatives), or to knowingly cause or

Badgers Badgers and their setts are protected by the Protection of Badgers Act 1992 (as amended). Under the Act it is an offense to: Ŷ wilfully kill, injure, take or attempt to kill a badger; Ŷ possess a dead badger or any part of a dead badger; Ŷ cruelly ill-treat a badger; Ŷ use badger tongs in the course of killing, taking or attempting to kill a badger; Ŷ dig for a badger; Ŷ possess, sell or offer for sale any live badger; and to Ŷ mark, tag or ring a badger. It is also a crime to interfere with a badger sett by intentionally or recklessly causing or allowing: Ŷ damage to a sett or any part of it; Ŷ destruction of a sett; Ŷ sett access to be obstructed, or any entrance of it; Ŷ a dog to enter a sett; and Ŷ disturbance to a badger when it is occupying a sett. A person attempting to commit an offence under the Act is guilty of that offence. Note: A badger sett is defined in law as any structure or place which displays signs of current use by a badger.

Reptiles All of the UK’s native reptiles are protected by law and are included in the UK Biodiversity Action Plan. The two rarest species – sand lizard Lacerta agilis and smooth snake Coronella austriaca benefit from the greatest protection. 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. Sand lizard and smooth snake are protected under the Wildlife and Countryside Act 1981 (as amended) and the The Conservation of Species and Habitats (Amendment) Regulations 2011 which together make it illegal to kill, injure, capture, handle or disturb these animals. Places they use for breeding, resting, shelter and protection are protected from being damaged or destroyed. It is also illegal to obstruct these animals from using such areas. The reader is referred to the original legislation for definitive interpretation. This is a simplified description of the legislation. In particular, the offences mentioned here may be absolute, intentional, deliberate or reckless. Note that where it is predictable that reptiles are likely to be killed or injured by activities such as Site clearance, this could legally constitute intentional killing or injuring. Mitchell-Jones (2004) states that: “Reptiles are likely to be threatened, and the law potentially breached, by activities such as the following: Ŷ Archaeological and geotechnical investigations Ŷ Clearing land, installing Site offices or digging foundations Ŷ Cutting vegetation to a low height Ŷ Laying pipelines or installing other services Ŷ Driving machinery over sensitive areas Ŷ Storing construction materials in sensitive areas Ŷ Removing rubble, wood piles and other debris”. The law recognises that it is sometimes necessary to carry out work that may affect reptiles or their habitats. It has two significant concessions: a) For all species, normally prohibited activities may not be illegal if “the act was the incidental result of a lawful operation and could not reasonably have been avoided”. In general Natural England would expect reasonable avoidance to include measures such as altering development layouts to avoid key areas, as well as capture and exclusion of reptiles. b) For sand lizards and smooth snakes, licences may be issued for some activities (such as disturbance and capture) that would otherwise be prohibited.

Amphibians All native amphibians are afforded partial or full protection under Section 9 of the Wildlife and Countryside Act 1981 (as amended) through their inclusion on Schedule 5 of the Act. It is an offence to: Ŷ intentionally or recklessly kill, injure or take a wild animal included in Schedule 5 (Section 9.1); and to Ŷ possess or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal (Section 9.2). It is an offence intentionally or recklessly to: Ŷ damage or destroy any structure or place which any wild animal specified in Schedule 5 uses for shelter or protection (Section 9.4a);

Ŷ disturb any such animal while it is occupying a structure or place which it uses for shelter or protection (Section 9.4b); or Ŷ obstruct access to any structure or place which any such animal uses for shelter or protection (Section 9.4c). It is also an offence to: Ŷ sell, offer or expose for sale, or possess or transport for the purpose of sale, any live or dead wild animal included in Schedule 5, or any part of, or anything derived from, such an animal (Section 9.5a); or Ŷ publish or cause to be published any advertisement likely to be understood as conveying that one buys or sells, or intends to buy or sell, any of those things (Section 9.5b). Knowingly causing or permitting any of the above acts to be carried out is also an offence.

Invasive Weeds Facilitating the spread of non-native animal and plant species is prohibited under Section 14 of the Wildlife and Countryside Act 1981 (as amended). Species known to pose a threat to native biodiversity and habitats are listed on Schedule 9 of the Act, including Japanese knotweed. Under the Act it is an offense to: Ŷ plant or otherwise cause to grow in the wild any plant which is included in Part II of Schedule 9.

Protected Sites Legislation

The UK supports a wide variety of species and habitats, ranging from cold water coral reefs to saltmarshes and mountain summits. A key policy tool for conserving them all is the designation and management of protected sites - areas of land, inland water and the sea that have special legal protection to conserve important habitats and species.

Legal protection prevents damaging activities. Some of the sites, known as Special Protection Areas (SPAs) for Birds and Special Areas of Conservation (SACs), are of European importance. They have been created under the EC Birds Directive and Habitats Directive. In the UK they form part of a larger European network called Natura 2000.

In addition, the UK and its Overseas Territories and Crown Dependencies also contribute to global networks of protected sites created under the Ramsar, World Heritage and OSPAR Conventions. Within the UK sites that are nationally important for plants, animals or geological or physiographical features are protected by law as Sites of Special Scientific Interest (SSSIs) and Marine Nature Reserves (MNRs). This system provides the underpinning statutory protection for all sites, including those which are also of international importance.

Ramsar Sites Ramsar sites are designated under the Convention on Wetlands of International Importance, agreed in Ram- sar, Iran, in 1971. Originally intended to protect sites of importance especially as waterfowl habitat, the Con- vention has broadened its scope over the years to cover all aspects of wetland conservation and wise use, rec- ognizing wetlands as ecosystems that are extremely important for biodiversity conservation in general and for the well-being of human communities. The Convention adopts a broad definition of wetland, namely "areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres". Wetlands "may incorporate riparian and coastal zones adjacent to the wetlands, and islands or bodies of marine water deeper than six metres at low tide lying within the wetlands". Ramsar sites will be one of six designations contributing to our ecologically coherent network of Marine Protected Areas. The UK's ratification of the Convention extends to its Overseas Territories and Crown Dependencies.

Natura 2000 Natura 2000 is the name of the European Union-wide network of nature conservation sites established under the EC Habitats and Birds Directives (Ref 3 and Ref 4). This network will comprise Special Areas of Conserva- tion (SACs) and Special Protection Areas (SPAs). Marine Natura 2000 sites contribute to our ecologically coherent network of Marine Protected Areas.

Special Areas of Conservation (SAC) SACs are designated under the EC Habitats Directive (Ref 3). The Directive applies to the UK and the overseas territory of Gibraltar. SACs are areas which have been identified as best representing the range and variety within the European Union of habitats and (non-bird) species listed on Annexes I and II to the Directive. SACs in terrestrial areas and territorial marine waters out to 12 nautical miles are designated under the Con- servation (Natural Habitats, &c.) Regulations 1994 (as amended) (Ref 1) and beyond 12 nautical miles are designated under the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 (as amended) (11). SACs will be one of six designations contributing to our ecologically coherent network of Marine Protected Are- as.

Sites which have been submitted to the European Commission by Government, but not yet formally adopted by the Commission, are referred to as candidate Special Areas of Conservation (cSACs). Sites which have been adopted by the EC, but not yet formally designated by governments of Member States are known as Sites of Community Importance (SCIs). In the UK, designation of SACs is devolved to the relevant administration within each country. In UK offshore waters JNCC is responsible for identification and recommendation to Government of SACs.

SACs, together with SPAs, form the Natura 2000 network.

Special Protection Areas (SPAs) SPAs are classified by the UK Government under the EC Birds Directive. The Directive applies to the UK and the overseas territory of Gibraltar. SPAs are areas of the most important habitat for rare (listed on Annex I to the Directive) and migratory birds within the European Union. SPAs in terrestrial areas and territorial marine waters out to 12 nautical miles are classified under the Wildlife and Countryside Act 1981 (Ref 5) and beyond 12 nautical miles are designated under the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 (as amended) (Ref 11). SPAs will be one of six designations contributing to our ecologically coherent network of Marine Protected Areas.

SPAs, together with SACs, form the Natura 2000 network.

Sites of Special Scientific Interest (SSSI) (England, Scotland and Wales) and Areas of Special Scientific Interest (ASSI) (Northern Ireland) The SSSI/ASSI series has developed since 1949 as the national suite of sites providing statutory protection for the best examples of the UK's flora, fauna, or geological or physiographical features. These sites are also used to underpin other national and international nature conservation designations. Most SSSIs are privately-owned or managed; others are owned or managed by public bodies or non-government organisations. The SSSIs/ASSI designation may extend into intertidal areas out to the jurisdictional limit of local authorities, generally Mean Low Water in England and Northern Ireland; Mean Low Water of Spring tides in Scotland. In Wales, the limit is Mean Low Water for SSSIs notified before 2002, and, for more recent notifications, the limit of Low- est Astronomical Tides, where the features of interest extend down to LAT. There is no provision for marine SSSIs/ASSIs beyond low water mark, although boundaries sometimes extend more widely within estuaries and other enclosed waters. Under the Marine and Coastal Access Act 2009 (Ref 12) there is the ability to de- designate an area of a SSSI in England or Wales that is below the low water mark if it would be more appropri- ately managed as a Marine Conservation Zone. SSSIs will be one of six designations contributing to our ecologically coherent network of Marine Protected Areas.

Originally notified under the National Parks and Access to the Countryside Act 1949 (Ref 13), SSSIs have been renotified under the Wildlife and Countryside Act 1981 (Ref 4). Improved provisions for the protection and

management of SSSIs were introduced by the Countryside and Rights of Way Act 2000 (in England and Wales) (Ref 6).

National Nature Reserves (NNRs) NNRs contain examples of some of the most important natural and semi-natural terrestrial and coastal ecosystems in Great Britain. They are managed to conserve their habitats or to provide special opportunities for scientific study of the habitats communities and species represented within them. NNRs are declared by the statutory country conservation agencies under the National Parks and Access to the Countryside Act 1949 (Ref 13) and the Wildlife and Countryside Act 1981 (Ref 5).

Local Nature Reserves (LNRs) (in England, Scotland and Wales)/ Local Authority Nature Reserves (LANRs) (in Northern Ireland) Under the National Parks and Access to the Countryside Act 1949 (Ref 13) LNRs may be declared by local authorities after consultation with the relevant statutory nature conservation agency. LNRs are declared and managed for nature conservation, and provide opportunities for research and education, or simply enjoying and having contact with nature.

Local Wildlife Sites Local authorities for any given area may designate certain areas as being of local conservation interest. The criteria for inclusion, and the level of protection provided, if any, may vary between areas. Most individual counties have a similar scheme, although they do vary.

These sites, which may be given various titles such as 'Listed Wildlife Sites' (LWS), 'Local Nature Conservation Sites' (LNCS), 'Sites of Importance for Nature Conservation' (SINCs), or Sites of Nature Conservation Im- portance' (SNCIs), together with statutory designations, are defined in local and structure plans under the Town and Country Planning system and are a material consideration when planning applications are being deter- mined.

Biodiversity Actions Plans

UK Biodiversity Action Plan (UKBAP) The United Kingdom Biodiversity Action Plan (UKBAP), first published in 1994 and updated in 2007, is a government initiative designed to implement the requirements of the Convention of Biological Diversity to conserve and enhance species and habitats. The UKBAP contains a list of priority habitats and species of conservation concern in the UK, and outlines biodiversity initiatives designed to enhance their conservation status. The UKBAP requires that conservation of biodiversity is addressed at a County level through the production of Local BAPs. These are complimentary to the UKBAP, however are targeted towards species of conservation concern characteristic of each area. In addition, a number of local authorities and large organisations have produced their own BAPs.

UKBAP and Local BAP targets with regard to species and habitats are a material consideration in the planning process.

UK Post-2010 Biodiversity Framework (2012) The UK Post-2010 Biodiversity Framework 2012 succeeds the UK Biodiversity Action Plan (UKBAP), which was first produced in 1994. The Framework sets priorities for the conservation of habitats and species in the UK and includes habitat action plans (HAPs) and species action plans (SAPs), many of which are for habitats and species that are rare, declining or under threat. Since the creation of the UKBAP, devolution has led to England, Wales, Scotland and Ireland to producing their own country biodiversity groups and strategies. Priority species and habitats listed in the UKBAP have no statutory status, but the list provides a framework for implementing conservation requirements, and is often referred to within local planning policy. Furthermore, the majority of species listed in the UKBAP are also listed as SPIs under Section 41 of the NERC Act (Ref 6) and as such are afforded a degree of protection under this legislation. The NERC Act (Ref 6) means that public authorities, including local planning authorities have a legal duty to have regard to the purpose of conserving biodiversity.

Staffordshire Biodiversity Action Plan (2009) The Local BAP is the Staffordshire Biodiversity Action Plan which identifies the local habitats and species of principal importance (also known as priority habitats and species). These are the species and habitats taken from the UK National Biodiversity Action Plan that occur in Shropshire or those that are of sub-regional importance.

Planning Policy National Planning Policy Framework (NPPF) 2012 The NPPF sets out, amongst other points, how at an overview level the ‘planning system should contribute to and enhance the national and local environment by: Ŷ …recognising the wider benefits of ecosystem services; Ŷ minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures…’ The NPPF states that this should be achieved through local planning development frameworks and gives recommendations for criteria based policies which recognise the hierarchy of designated sites which range from internationally important habitat, to sites of importance at a local level and ensure that protection is ‘commensu- rate with their status and gives appropriate weight to the their importance and the contribution that they make to wider ecological networks.’ A list of principles which local planning authorities should follow when determining planning applications is included in the NPPF which includes the following: ‘- if significant harm resulting from a development cannot be avoided…adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused; - …opportunities to incorporate biodiversity in and around developments should be encouraged; - planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland…unless the need for, and benefits of, the development in that location clearly outweighs the loss…’ In addition, the ODPM circular 06/2005 remains current; this states that ‘The presence of a protected species is a material consideration when a planning authority is considering a development proposal’. The circular advis- es that local authorities should consult Natural England before granting planning permission if the proposals could adversely affect a protected species.’

Local Planning Policy Local planning policy covering the Site comprises The Plan for Stafford Borough 2011 to 2031, adopted on the 19th June 2014; this document supercedes the Stafford Borough Local Plan and associated saved policies. This includes policy N4 The Natural Environment and Green Infrastructure of which the following elements are applicable to this report: ‘The Borough's natural environment will be protected, enhanced and improved by: a. Implementation of the Staffordshire Biodiversity Action Plan, the Stafford Borough Green Infrastructure Strategy and guidance including 'Biodiversity by Design' or any other successor documents to increase and enhance biodiversity, in terms of habitats and species as well as geological conservation or geodiversity through appropriate management for a network of: i) Designated Sites (international, national, regional and local); ii) Biodiversity Action Plan habitats and species populations; iii) Wildlife Corridors and Ecological Networksc. Protecting, conserving and enhancing the natural and historic environment and irreplaceable semi-natural habitats, such as ancient woodlands, and ancient or veteran trees; f. Any new development where damage to the natural environment is unavoidable must include measures to mitigate and / or compensate such impacts, through the establishment of replacement habitats or features, including appropriate site management regimes.

In addition, the latter part of Policy N5 Sites of European, National & Local Nature Conservation Importance is applicable to the Site as a designated SBI. This states: ‘Development likely to have an adverse effect (either directly or indirectly) on: A Local Nature Reserve A Site of Biological Importance or a Biodiversity Alert Site A Local Geological Site A natural watercourse, lakes, reservoirs, rivers, canals and groundwater areas, including Water Framework Directive protected areas as listed in the Humber and Severn River Basin Management Plans. will not be permitted unless: (a) It can be clearly demonstrated that there are reasons for the proposal that outweigh the need to safeguard the special ecological / geological interest of the site; (b) It has been demonstrated, where development would result in significant harm, that it can not be reasonably located on an alternative site that would result in less or no harm (c) harm can be prevented, minimised, adequately mitigated or compensated for. Where development is permitted, the authority will impose conditions or planning obligations to ensure the protection and enhancement of the site’s nature conservation and / or geological interest. Where the Council considers that any designated site, protected species or any species or habitat of principal importance for conservation may be affected by a development proposal, an ecological assessment will be required to be submitted with the planning application. Where development is permitted the Council will require developers to: a. minimise disturbance; b. protect and enhance the site’s ecological value; c. ensure appropriate management; d. ensure appropriate mitigation measures are designed into the proposal and work on the site does not commence until these measures are in place; e. work to approved methods; and f. create new or replacement habitats equal to or above the current ecological value of the site if damage or loss is unavoidable. Where possible, the preservation, restoration and re-creation of priority habitats and the recovering of priority species populations will be encouraged in line with the Staffordshire Biodiversity Action Plan. New developments will be required to include appropriate tree planting, to retain and integrate healthy, mature trees and hedgerows, and replace any trees that need to be removed. Development will not be permitted that would directly or indirectly damage existing mature or ancient woodland, veteran trees or ancient or species- rich hedgerows.’

Appendix E Notes and Limitations of Survey Work These Notes and Limitations cover ecological work undertaken by WSP and its sub-contractors. They are additional and complimentary to WSP UK’s Standard Terms and Conditions, and should be read in association with them. Ŷ WSP staff and their sub-consultants have endeavoured to identify the presence of protected species wherever possible on site, where this falls within the agreed scope of works. Ŷ Up to date standard methodologies have been used, which are accepted by Natural England and other statutory conservation bodies. No responsibility can be accepted where these methodologies fail to identify all species on site. WSP cannot take responsibility where Government, national bodies or industry subsequently modify standards. Ŷ The results of the survey and assessment work undertaken by WSP and their sub-consultants are representative at the time of surveying. Ŷ WSP will advise on the optimum survey season for a particular habitat/species prior to undertaking the survey work. However, WSP cannot accept responsibility for the accuracy of surveys undertaken outside this period.

Appendix F – Habitat Suitability Index Scores

Pond 1 Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 15 width (m) 8 OR estimate (m2) if irregular area (m2) = 120 0.24 SI3. Dessication rate never/rarely/sometimes/frequently rarely 1.00 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 100 0.20 SI6. Waterfowl absent/minor/major absent 1.00 SI7. Fish population absent/possible/minor/major absent 1.00 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 0 0.31

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.63 HSI calculation formulae adapted from Rob Oldham Pond suitability = average

Pond 2 Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 30 width (m) 10 OR estimate (m2) if irregular area (m2) = 300 0.60 SI3. Dessication rate never/rarely/sometimes/frequently never 0.90 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 100 0.20 SI6. Waterfowl absent/minor/major absent 1.00 SI7. Fish population absent/possible/minor/major absent 1.00 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 0 0.31

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.68 HSI calculation formulae adapted from Rob Oldham Pond suitability = average

Pond 3

Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 8 width (m) 5 OR estimate (m2) if irregular area (m2) = 40 0.08 SI3. Dessication rate never/rarely/sometimes/frequently frequently 0.10 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 100 0.20 SI6. Waterfowl absent/minor/major absent 1.00 SI7. Fish population absent/possible/minor/major absent 1.00 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 0 0.31

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.45 HSI calculation formulae adapted from Rob Oldham Pond suitability = poor

Pond 4 Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 25 width (m) 25 OR estimate (m2) if irregular area (m2) = 625 1.00 SI3. Dessication rate never/rarely/sometimes/frequently never 0.90 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 100 0.20 SI6. Waterfowl absent/minor/major absent 1.00 SI7. Fish population absent/possible/minor/major absent 1.00 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 0 0.31

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.72 HSI calculation formulae adapted from Rob Oldham Pond suitability = good

Pond 5 Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 110 width (m) 60 OR estimate (m2) if irregular area (m2) = 6600 0.05 SI3. Dessication rate never/rarely/sometimes/frequently never 0.90 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 80 0.60 SI6. Waterfowl absent/minor/major minor 0.67 SI7. Fish population absent/possible/minor/major major 0.01 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 5 0.36

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.37 HSI calculation formulae adapted from Rob Oldham Pond suitability = poor

Pond 6 Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 320 width (m) 30 OR estimate (m2) if irregular area (m2) = 9600 0.01 SI3. Dessication rate never/rarely/sometimes/frequently never 0.90 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 80 0.60 SI6. Waterfowl absent/minor/major minor 0.67 SI7. Fish population absent/possible/minor/major major 0.01 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 10 0.41

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.32 HSI calculation formulae adapted from Rob Oldham Pond suitability = poor

Pond 7 Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 30 width (m) 15 OR estimate (m2) if irregular area (m2) = 450 0.90 SI3. Dessication rate never/rarely/sometimes/frequently rarely 1.00 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 100 0.20 SI6. Waterfowl absent/minor/major absent 1.00 SI7. Fish population absent/possible/minor/major absent 1.00 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 10 0.41

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.74 HSI calculation formulae adapted from Rob Oldham Pond suitability = good

Pond 8 Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 50 width (m) 25 OR estimate (m2) if irregular area (m2) = 1250 0.91 SI3. Dessication rate never/rarely/sometimes/frequently never 0.90 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 100 0.20 SI6. Waterfowl absent/minor/major minor 0.67 SI7. Fish population absent/possible/minor/major major 0.01 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 5 0.36

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.44 HSI calculation formulae adapted from Rob Oldham Pond suitability = poor

Pond 9 Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 30 width (m) 10 OR estimate (m2) if irregular area (m2) = 300 0.60 SI3. Dessication rate never/rarely/sometimes/frequently never 0.90 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 25 1.00 SI6. Waterfowl absent/minor/major absent 1.00 SI7. Fish population absent/possible/minor/major absent 1.00 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 5 0.36

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.82 HSI calculation formulae adapted from Rob Oldham Pond suitability = excellent

Pond 10 Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 40 width (m) 25 OR estimate (m2) if irregular area (m2) = 1000 0.95 SI3. Dessication rate never/rarely/sometimes/frequently never 0.90 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 100 0.20 SI6. Waterfowl absent/minor/major absent 1.00 SI7. Fish population absent/possible/minor/major absent 1.00 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 5 0.36

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.73 HSI calculation formulae adapted from Rob Oldham Pond suitability = good

Pond 11 Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 20 width (m) 2 OR estimate (m2) if irregular area (m2) = 40 0.08 SI3. Dessication rate never/rarely/sometimes/frequently frequently 0.10 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 100 0.20 SI6. Waterfowl absent/minor/major absent 1.00 SI7. Fish population absent/possible/minor/major absent 1.00 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 0 0.31

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.45 HSI calculation formulae adapted from Rob Oldham Pond suitability = poor

Pond 12 Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 12 width (m) 3 OR estimate (m2) if irregular area (m2) = 36 0.07 SI3. Dessication rate never/rarely/sometimes/frequently sometimes 0.50 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 100 0.20 SI6. Waterfowl absent/minor/major absent 1.00 SI7. Fish population absent/possible/minor/major absent 1.00 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 0 0.31

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.52 HSI calculation formulae adapted from Rob Oldham Pond suitability = below average

Pond 13 Habitat Suitability Index SI value SI1. Map location A/B/C A 1.00 SI2. Surface area rectangle/ellipse/irregular rectangle length (m) 25 width (m) 15 OR estimate (m2) if irregular area (m2) = 375 0.75 SI3. Dessication rate never/rarely/sometimes/frequently never 0.90 SI4. Water quality good/moderate/poor/bad moderate 0.67 SI5. Shade % of margin shaded 1m from bank 100 0.20 SI6. Waterfowl absent/minor/major absent 1.00 SI7. Fish population absent/possible/minor/major absent 1.00 SI8. Pond density number of ponds within 1km 7 1.00 SI9. Terrestrial habitat good/moderate/poor/isolated good 1.00 SI10. Macrophyte cover % 0 0.31

Note: Guidance in undertaking the HSI is available at www.narrs.org.uk. HSI score = 0.70 HSI calculation formulae adapted from Rob Oldham Pond suitability = average

Appendix G – Confidential Badger Appendix

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