Avian Ecology Ltd., Suite 3C Walnut Tree Farm, Northwich Road, Lower Stretton, WA4 4PG

Chelworth Solar Array On behalf of Wildlife Trust and Bath & West Community Energy

Report number: WWT-001 Author: S Parkes

th Date: 26 October 2012 Approved: A Logan

This report has been prepared for (WWT) and Bath & West Community Energy (BWCE) in accordance with the terms and conditions of appointment for Ecological Appraisal [on request]. Avian Ecology Ltd. (6839201) cannot accept any responsibility for any use of or reliance on the contents of this report by any third party.

Ecological Appraisal

Contents

1 Summary ...... 1

2 Introduction ...... 2

2.1 Background ...... 2

2.2 Site Description ...... 2

2.3 Legislative Framework ...... 2

3 Methodology ...... 6

3.1 Desk Study ...... 6

3.2 Field Surveys ...... 6

4 Results ...... 7

4.1 Desk Study ...... 7

4.2 Field Survey ...... 11

5 Discussion ...... 13

5.2 Statutory Designated Sites and Habitats ...... 14

5.3 Birds ...... 15

5.4 Bats ...... 15

5.5 Badger ...... 16

5.6 Amphibians ...... 16

5.7 Reptiles ...... 17

5.8 Other Notable Species ...... 17

5.9 Summary – Ecology Priority Matrix...... 18

REFERENCES ...... 20

Figure 1 ...... Phase 1 habitat survey

1 SUMMARY

1.1.1 This report presents an Ecological Appraisal of land at Chelworth Industrial Estate on behalf of Wiltshire Wildlife Trust (WWT) and Bath & West Community Energy (BWCE). The survey was commissioned in relation to the proposed installation of ground mounted photovoltaic panels on the site.

1.1.2 The aims of the study were to assess the conservation value of the survey area, the likely presence of rare or protected and notable species, and to identify any features, habitats or species which would constitute potential constraints to the development. Mitigation and enhancement measures are also discussed where relevant.

1.1.3 The Ecological Appraisal comprises two elements: Field based assessments and a desk-based study.

1.1.4 The Application site was mapped using the Phase I habitat survey methodology JNCC (2003); Phase 1 is an initial assessment of the baseline habitat of the study area, outlining the potential ecological value and significance of habitats for protected and notable flora and fauna. In this appraisal this combined information from a variety of sources including site monitoring by the Wiltshire Wildlife Trust and field surveys undertaken by Avian Ecology.

1.1.5 A desk-based study was undertaken in order to identify any nearby sites designated for nature conservation and potential features of nature conservation interest in the wider area. The desk study also identified any known records of protected and or/notable species within the vicinity of the Application site. An overview of the relevant legislative framework is presented.

1.1.6 The survey covered the two fields where the development is proposed, referred to as the Application site. The Application site comprised two fields with wide, grown- out species-poor hawthorn and blackthorn hedgerows. The majority of the Application site comprises poor semi-improved neutral grassland with areas of scrub vegetation.

1.1.7 The Application site does not form part of any statutory designated sites. This site is designated as a Local Wildlife Site (LWS). There are a number other statutory and non-statutory designated sites in the wider area. No significant adverse impacts are anticipated on these designations.

1.1.8 The potential for impacts on protected and / or notable species including birds, terrestrial mammals, reptiles, amphibians, are considered. Overall impacts are considered to be low. With appropriate mitigation and sensitive design measures, it is considered that impacts on protected and notable species can be avoided.

1.1.9 Protection measures are recommended in order to avoid impacts on the hedges during the construction phase of the development. Habitat enhancement and management is proposed to include hedgerow and tree planting and grassland and hedgerow management to benefit local biodiversity providing an overall gain.

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2 INTRODUCTION

2.1 BACKGROUND

2.1.1 Avian Ecology Ltd. was commissioned by the Wiltshire Wildlife Trust (WWT) and Bath & West Community Energy (BWCE) to undertake an Ecological Appraisal at land at Chelworth Industrial Estate. The survey was commissioned in relation to the installation of ground mounted photovoltaic panels on the site that will feed in to the electricity grid, the Project is known as the ‘Chelworth Solar Array’. The Project site plan showing layout of photovoltaic panels is presented in Appendix 2 of this report. The centre of the Project site lies at grid reference SU 078 921.

2.1.2 The objectives of the study were to;

 Provide baseline information on the current habitats and ecological features both on-site and in the immediate surrounding area;  Identify the presence or potential presence of any protected species or habitats and provide an appraisal of any potential effects the proposed project may have on these;  Identify the proximity of any sites designated for nature conservation interest and provide an appraisal of any potential effects the proposed project may have on these.  Provide recommendations for pre-construction survey work and / or mitigation measures, if required and present opportunities for habitat enhancement. 2.1.3 The study comprised a field survey, in combination with a desk based review of existing data and available online resources.

2.2 SITE DESCRIPTION

2.2.1 The site is located approximately 10km north west of Swindon in Wiltshire. The surrounding area encompasses extensive farmland, with few tracts of woodland and a number of settlements. Blakehill Farm Local Nature Reserve (LWS) lies adjacent to the Application site to the south west.

2.3 LEGISLATIVE FRAMEWORK

2.3.1 Wildlife, biodiversity and ecological networks are referred to in the National Planning Policy Framework (NPPF), Section 11 ‘Conserving and enhancing the natural environment’. The NPPF states the planning system should contribute and enhance the natural and local environment by; recognising the wider benefits of ecosystem services, minimising impacts on biodiversity and providing net gains in biodiversity where possible, including by establishing coherent ecological networks that are more resilient to current and future pressures.

2.3.2 Species of European Importance receive additional protection under the Conservation of Habitats and Species Regulations 2010 (The ‘Habitats Regulations’) and others receive protection through specific legislation (e.g. the Protection of Badgers Act, 1992).

2.3.3 Any development which may have an impact upon the integrity of a statutory designated site for nature conservation purposes is also subject to the provisions of the Wildlife and Countryside Act 1981 (as amended) and the Habitat and Species

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Regulations 2010. Under Regulation 21 of the latter, an Appropriate Assessment may be required in order for a Competent Authority to determine the significance of this impact, both from the proposed scheme and in combination with any other schemes.

2.3.4 Councils also have a statutory obligation under the Natural Environment and Rural Communities (NERC) Act 2006 to make material consideration to biodiversity conservation in the determination of all types of planning Applications. Planners therefore require relevant information from wildlife surveys in order to assess the effects on biodiversity of a proposed development.

2.3.5 In 2007, the UK list of conservation priority species and habitats was fully revised taking into account emerging priorities, conservation successes, and information gathered in the past decade. The list now contains 1150 species and 65 habitats that have been listed as priorities for conservation action under the UK Biodiversity Action Plan (UKBAP). The framework for conserving biodiversity is currently laid out in ‘Conserving Biodiversity - The UK Approach’ (Defra 2007).

2.3.6 As part of the action plan process, Local Biodiversity Action Plans (LBAPs) were also produced for every county in the UK, although other public bodies may also produce them. These LBAPs highlight local biodiversity issues, with specific action plans being implemented for priority habitats and species where they occur. The relevant scheme for the proposed development is the Wiltshire BAP.

2.3.7 With legal responsibilities and planning implications it is therefore important that any ecological assessment of a proposed development site addresses the possibility of protected species being present within or around the site, along with any potential impacts of the proposed scheme on statutory designated sites.

2.3.8 Without such an assessment, a developer is unable to demonstrate due diligence in its responsibilities, with reference to both the legal protection and the possible information required in support of the planning Application. It would, however, be unreasonable for an ecological assessment to survey for every protected species. Any such assessment should therefore be based upon the results of a habitat survey and the associated possibility or likelihood of protected species being present.

2.3.9 This study therefore seeks to establish the potential for protected species on the site and the potential effects of the proposed scheme on these species and statutory sites designated for nature conservation purposes.

2.3.10 Legal implications for species considered pertinent to the proposed development are discussed below:

Birds

2.3.11 All wild birds, their nests and eggs are, with few exceptions, protected under the Wildlife and Countryside Act 1981 (as amended). Over eighty species or groups of species are listed under Schedule 1 of the Act, which confers special protection with increased penalties for offences committed. Additional protection is provided to species listed under Directive 2009/147/EC on the conservation of wild bird (the ’Birds Directive’) codified version. Following recent revisions, fifty-nine species are now listed on the UKBAP.

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Bats

2.3.12 All species of British bat are listed under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended), and are therefore afforded special protection. It is an offence to:

 Intentionally kill, injure or take any wild bat;  Intentionally damage, destroy or obstruct access to any place that a wild bat uses for shelter or protection; and  Intentionally or recklessly disturb any wild bat while it is occupying a structure or place that it uses for shelter or protection.

2.3.13 Bats are also protected under the Conservation of Habitats and Species Regulations 2010 (the ‘Habitats Regulations’) (as amended); such species are often referred to as European Protected Species (EPS) and receive further stringent protection. The Habitats Regulations make it an offence to:

 Capture or kill a bat;  Significantly disturb a bat (in any location); and  Damage or destroy a breeding site or resting place of any bat.

Badger

2.3.14 The badger Meles meles is widespread and common in many parts of the UK and as such is not considered a conservation priority in the UK, but animals are fully protected under animal cruelty legislation (the Protection of Badgers Act 1992), under which it is illegal to wilfully kill, injure or take a badger. Their setts are also protected against obstruction, destruction or damage and the animals inside cannot be disturbed without a licence from Natural England.

Water Vole

2.3.15 The water vole Arvicola amphibious is protected under the Wildlife and Countryside Act 1981 (as amended) which makes it an offence to:

 Intentionally kill, injure or take a water vole;  Possess or control any live or dead specimen or anything derived from a water vole;  Intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection by a water vole; or  Intentionally or recklessly disturb a water vole while it is occupying a structure or place which it uses for that purpose. Otter

2.3.16 The otter Lutra lutra is protected under Wildlife and Countryside Act 1981 (as amended). The otter is also listed on the Habitats Regulations 2010 (as amended) and therefore receives further protection as a European Protected Species. These Regulations make it an offence to:

 Deliberately capture, injure or kill an otter;

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 Deliberately disturb an otter;  Damage or destroy a breeding site or resting place (otter holt). 2.3.17 An otter holt includes hovers and couches, which are otter resting places above ground. Artificial holts are not considered as holts under the legislation until they are known to be used by otters

Amphibians and Reptiles

2.3.18 All native amphibian and reptile species within the UK receive some legal protection through the Wildlife and Countryside Act 1981 (as amended). Certain species are also protected Habitats Regulations 2010 (as amended). a.

2.3.19 There are effectively three levels of protection for native amphibians and reptiles in the UK:

2.3.20 Full Protection – The great crested newt Triturus cristatus, natterjack toad Epidalea calamita, sand lizard Lacerta agilis and smooth snake Coronella austriaca are often referred to as ‘fully protected’, all elements of Section 9 of the Wildlife and Countryside Act apply, as does Regulation 39 of the Habitats Regulations 2010. The Act and Regulations include provisions making it an offence to:

 Deliberately or intentionally Kill, injure or take;  Intentionally or recklessly damage or destroy and breeding site or place used for shelter or protection;  Intentionally or recklessly obstruct access to a place used for shelter or protection;  Deliberately or recklessly disturb an animal while occupying a structure or place which it uses for that purpose;  Deliberately take or destroy eggs; and  Keep, transport, sell or exchange. It is an offence to posses or control any live or dead specimen or anything derived from such an animal. 2.3.21 Protection against killing, injuring and sale etc. only – This applies to common lizard Zootoca vivipara, slow worm Anguis fragilis, grass snake Natrix natrix and adder Viper berus. These species are only afforded protection under the Wildlife and Countryside Act 1981 (as amended). Part of sub-section 9(1) and all of sub-section 9(5) apply; these prohibit the intentional killing and injuring as well as trade. There is no protection afforded to the resting places of these species.

2.3.22 Protection against sale only – This applies to smooth newt Lissotriton vulgaris, palmate newt Lissotriton helveticus, common frog Rana temporaria and common toad Bufo bufo. These species are only afforded protection under Section 9(5) of the Wildlife and Countryside Act 1981 (as amended), prohibiting the sale, barter, exchange, transporting for sale or advertising to sell or buy.

2.3.23 The provisions of both the Wildlife and Countryside Act 1981 and the Habitat Regulations 2010 apply to all life stages of the protected species; eggs, juveniles and adults.

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3 METHODOLOGY

3.1 DESK STUDY

3.1.1 The desk study identified statutorily designated sites of nature conservation interest through a review of the Multi Agency Geographic Information for the Countryside (MAGIC) and Natural England (NE) websites.

3.1.2 Biological data was requested from the Wiltshire and Swindon Biological Records Centre (WSBRC).

3.1.3 The following minimum data search parameters were used (WSBRC data searches centred on the approximate centre point of the Application site):  All statutory designated sites within a 5km radius;  Non-statutorily designated sites within a 3km radius;  Records for all protected and notable species within a 2km radius.

3.1.4 A search for biological data was also made through the National Biodiversity (NBN) Gateway; data was obtained for species within the relevant 10km grid square.

3.1.5 Reference was also made to Ordnance Survey maps of the wider area and online aerial images (www.google.co.uk/maps) in order to determine any features of nature conservation interest in the wider area.

3.1.6 The following key reference documents were utilised:  Natural England Technical Information Note TIN101 (2011). Solar Parks: maximising environmental benefits. Joint Agencies Interim Guidance.  RSPB (2011). Solar power RSPB Briefing, March 2011. RSPB UK.  The Wiltshire Biodiversity Action Plan (2008) (accessed at http://biodiversitywiltshire.org.uk/WiltshireBAP/Default.aspx on 25th October 2012).  North Wiltshire Local Plan 2011 (with particular reference to policies NE5 Nature Conservation Sites of International Importance; NE6 Nature Conservation Sites of National Importance; NE7 Nature Conservation Sites of Local Importance; NE9 Protection of Species; NE10 Managing Nature Conservation Features and N11 Conserving Biodiversity).

3.2 FIELD SURVEYS

3.2.1 The baseline conditions have been drawn from a number sources incorporating information provided by Wiltshire Wildlife Trust, including data collected for wildlife sites monitoring at Purley Farm Fields that comprises the Application site. The site monitoring of the Purley Fields was completed in April and May 2009 by Rob Large of the WWT. Further data was obtained from field surveys undertaken by Avian Ecology in 2011 on the wider Blakehill Farm Reserve. The extent of the Chelworth Solar Array and habitats within this area is detailed in Figure 1.

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Extended Phase I Habitat Survey

3.2.2 The habitats have been mapped in accordance with the methodology outlined in the ‘Handbook for Phase 1 Habitat Survey’ (JNCC, 2003) providing an overview of the site. The assessment was extended to identify the presence, or likely presence, of protected species such as bats, birds, great crested newt, badger and water vole and other species of conservation significance.

3.2.3 This survey does not constitute a full protected species survey but enables experienced ecologists to obtain an understanding of the site such that it is possible either:

 To confirm the conservation significance of the site and assess the potential for impacts on habitats/species likely to represent a material consideration in planning terms; or  To establish the scope and extent of any additional specialist ecological surveys that will be required before such confirmation can be made. 3.2.4 The area of land where the Chelworth Solar Array will be sited is hereafter referred to as the Application site.

4 RESULTS

4.1 DESK STUDY

Statutory Designated Sites

4.1.1 Eight statutory designated sites were identified within a 5km radius of the study area. The designated sites are detailed in table 4.1 below.

Grid Distance Site Name Description Status Reference (km)

Habitat: Neutral alluvial meadow Upper traditionally managed by cutting c. 1.7km Waterhay SU 068 937 for hay. SSSI north west Meadow Species: Snakeshead fritillary Fritillaria meleagris.

Habitat: Unimproved neutral Stoke c. 2.1km grassland. Common SU 064 904 SSSI south west Meadows Species: Brown hairstreak Thecla betulae.

Elmlea c. 2.6km Habitat: Meadow grassland. SU 079 948 SSSI Meadows north

North Habitat: Lowland hay meadow. Meadow & c. 2.75km SU 014 934 SAC Clattinger north east Farm

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Habitat: Traditionally managed hay North c. 2.8km meadow. NNR, Meadow, SU 094 946 north east SSSI Species: Snakeshead fritillary Fritillaria meleagris.

Habitat: A series of lakes covering a range of variation of plant Cotswold SU 00 93 to c. 4.7 km communities associated with these SSSI Water Park SU 20 99 west nationally scarce marl waters. Species: Supports a variety of wintering and breeding birds.

Habitat: Low-lying flood plain c. 4.2km meadows. SU 036 934 SSSI west Species: Large number of meadow species.

Restrop Farm Habitat: Unimproved hay meadow. & Brockhurst SU 073 866 c. 5km south SSSI Wood

Table 4.1: Statutory designated sites within 5km of the Application site (SSSI: Site of Special Scientific Interest, SAC: Special Area of Conservation, NNR: National Nature Reserve).

Non-Statutory Designated Sites

4.1.2 WSBRC provided information for non-statutory designated sites e.g. Local Wildlife Sites (LWS) within a 3km radius of the approximate centre of the Application site. A total of 15 non-statutory sites were returned, these are summarised in Table 4.2 below.

Grid Distance Site Name Description Status Reference (km)

WWT A disused WWII airfield WWT Blakehill Farm Reserve 80m supporting a mosaic of SU 077 915 Reserve west; part of unimproved, semi-improved and & LWS LWS improved grassland.

River Thames No information provided. (Ashton SU 055 932 c. 2km north LWS Keynes to Cricklade)

Cotswold A large group of lakes, grassland Water Park c. 2.5km areas and active quarry workings SU 053 943 LWS Pits 25, 66, 69, north west in the . 76 & 200

Cotswold Two fairly large lakes with c. 2.5km Water Park SU 057 938 associated grassland habitats. LWS north west Pits 82 & 83

Cotswold A group of lakes with associated SU 064 937 c. 2.5km LWS Water Park wetland (including Wiltshire's

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Pits 68c & 68d north west largest reedbed) and grassland habitats, managed as a nature reserve.

Cotswold A group of lakes with associated Water Park c. 2.5km wetland and grassland habitats, SU 070 945 LWS Pits 68a/b & north west managed as a nature reserve. 74

Cotswold A large group of lakes, quarries Water Park c. 2.5km and grassland with some bird SU 071 940 LWS Pits 59, 72, north west interest. 78a & 78b

Cotswold A relatively small lake in the c. 2.9km Water Park Pit SU 057 943 Cotswold Water Park. LWS north west 81

Formerly a large hay meadow overlying gravel. The site was Cotswold quarried between 2000-2003 and c. 2.9km Water Park Pit SU 066 950 is now partially restored. A small LWS north west 95 area of grassland and some hedges remain and a small lake has good bird interest.

A block of four adjoining fields Brookside SU 058 921 c. 2km west with species-rich neutral LWS Farm grassland.

The Chancel, Unimproved grassland in an old SU 058 928 c. 2km west LWS Waterhay burial ground.

Pound Farm No information provided. SU 061 926 c. 2km west LWS Meadows

Stoke Area of Stoke Common Meadows c. 2km south Common SU 063 901 not in SSSI, includes some areas LWS west Meadows outside of WWT Reserve.

Red Lodge c. 2.5km No information provided. SU 062 893 LWS Wood south west

South Lane Two adjoining fields in a low-lying SU 111 915 c. 2.9km east LWS Meadows part of the River Ray valley.

Table 4.2: Non-Statutory designated sites within 3km of the Application site (LWS: Local Wildlife Site, WWT: Wiltshire Wildlife Trust Reserves).

Protected and Notable Species

4.1.3 WSBRC provided records for protected and notable species within 2km of the Application site. Birds

4.1.4 The dataset provided by WSBRC identified records of a number of bird species, including species protected under Schedule 1 of the Wildlife and Countryside Act (WCA) 1981, species protected under Annex 1 of the Birds Directive, species listed

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on the UK Biodiversity Action Plan (UKBAP), species of principal importance for the purpose of conserving biodiversity covered under section 41 (England) of the NERC Act (2006), and red/amber listed species in ‘Birds of Conservation Concern’ (BoCC) (Eaton et al, 2009). Table 4.3 below summarises protected and notable bird species recorded within 2km of the Application site along with their status.

Species Summary

Common quail Coturnix coturnix Schedule 1 WCA (1981). Red BoCC. Merlin Falco columbarius Schedule 1 WCA (1981). Annex 1. Amber BoCC. Hobby Falco subbuteo Schedule 1 WCA (1981). Barn owl Tyto alba Schedule 1 WCA (1981). Fieldfare Turdus pilaris Schedule 1 WCA (1981). Amber BoCC. Song thrush Turdus philomelos Red BoCC. Redwing Turdus iliacus Schedule 1 WCA (1981). Amber BoCC. Tree sparrow Passer montanus Red BoCC, UKBAP, England NERC S.41. Table 4.3: Records of protected and notable bird species provided by WSBRC (within 2km of the Application site) with level of protection and conservation status.

Bats

4.1.5 The dataset provided by WSBRC did not include any records of bat species within 2km of the Application site. The NBN Gateway returned records for at least eight bat species. Records are summarised in Table 4.4 below.

Species Records Comments Noctule bat 4 records between 2002 Within 10km grid square SU09 Nyctalus noctula and 2004. covering the site. Pipistrellus pipistrellus 3 records between 1998 Within 10km grid square SU09 sensu lato and 2004. covering the site. Soprano pipistrelle 18 records between Within 10km grid square SU09 Pipistrellus pygmaeus 2004 and 2011. covering the site. Daubenton’s bat 6 records between 1998 Within 10km grid square SU09 Myotis daubentonii and 2008. covering the site. Whiskered bat 1 record in 2008 Within 10km grid square SU09 Myotis mystacinus covering the site. Bechstein's bat Myotis 1 record in 2006 Within 10km grid square SU09 bechsteinii covering the site. Long-eared bat species 1 historical record in Within 1km grid square SU 07 96 c. Plecotus spp. 1985 4km north of the Application site. Brown long-eared bat 1 record in 2008 Within 10km grid square SU09 Plecotus auritus covering the site. Table 4.4: NBN Gateway bat records returned within 10km grid square SU09 covering the site.

Badgers

4.1.1 No records relating to badger activity within 2km of the Application site were returned by WSBRC.

Water Vole & Otter

4.1.2 No records relating to water vole or otter were listed in the dataset provided by WSBRC within 2km of the Application site. The NBN Gateway returned a large

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number (over 50) of records for both water vole and otter within the 10km grid square SU09 covering the site. These records mostly related to watercourses situated to the north of the Application site.

Amphibians

4.1.3 No records relating to amphibian species was returned within the data set provided by WSBRC. The NBN Gateway returned a large number (over 50) of records for great crested newt within the 10km grid square SU09 covering the site. These records mostly related to waterbodies situated to the north of the Application site.

Reptiles

4.1.4 The dataset provided by WSBRC did not include any records for reptiles. The NBN Gateway returned two records for common lizard, a large number of records (over 50) for grass snake and 23 records of slow worm within the 10km grid square SU09 covering the Application site. Nearly all of the records where at least 4km away to the north. No records were returned within the Application site.

Other Species

4.1.5 A number of records were returned for UKBAP butterfly species by WSBRC within a 2km radius of the Application site. These include grizzled skipper Pyrgus malvae (2 records) brown hairstreak Thecla betulae (12 records) and small heath Coenonympha pamphilus (7 records). The Wiltshire Wildlife Trust has reported that the Application site is monitored by Butterfly Conservation and there are records of brown hairstreak butterfly using habitats within the Application site (WWT, 2012).

4.2 FIELD SURVEY

4.2.1 A Phase I habitat map is presented in Figure 1. A summary of habitats and species considered pertinent to the project are presented below. Information on the legal implications of the presence of such habitats and/or species is discussed in Section 5 where appropriate, along with an assessment of possible impacts on these features.

Habitats

4.2.2 The Application site occupies two fields of approximately 3.4ha in size with wide grown-out species-poor hedgerows consisting of hawthorn Crataegus monogyna and blackthorn Prunus spinosa. The majority of land within the footprint of the Chelworth Solar Array comprised entirely of semi-improved neutral grassland with poor diversity and structure. The grass throughout is rank with a well-established thatch and abundant tufted hair grass Deschampsia cespitosa.

4.2.3 In the western field there were two small stands of ash Fraxinus excelsior and hawthorn surrounded by bramble Rubus fruticosus scrub and a small damp patch with Juncus sp.

4.2.4 The field are not currently managed but the site appears to have been lightly grazed on occasion.

4.2.5 No ponds were present on site. A number of ponds were identified within 500m from aerial images to the north west and north east of the Application site boundary.

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4.2.6 Habitats within the Application site are not identified as warranting wildlife site status on their own (wildlife monitoring report (Large 2009)). Although the site does have a wildlife value, in particular for butterfly interests, overall ecological value is considered low to moderate

4.2.7 Table 4.5 details the main habitat types within the site boundary.

JNCC Habitat Area (total study % cover of Habitat Name Code area 3.4ha) study area B2.2 Semi-improved neutral 3.2 ha 94% grassland

A2 Scrub vegetation 0.2ha 6%

Table 4.5: Main habitat types identified within the survey area.

Protected Species

4.2.8 The site and adjacent land is potentially suitable for a range of protected species and the wider area offers foraging and roosting opportunities for bats and birds, as described below.

Birds

4.2.9 The poor semi-improved grassland habitats, scrub vegetation and trees within the Application site and in the wider area, are likely to support a suite of breeding birds typical of farmland and woodland habitats in the region.

4.2.10 The hedgerows and scrub habitats have the potential to be used by nesting birds in the breeding season. It is possible that the Application site and surrounding fields may provide habitat for common and widespread ground-nesting birds.

Bats

4.2.11 The Application site comprised poor semi-improved neutral grassland, scrub vegetation and trees is considered to be offer suitable foraging habitat for bats. Ash trees within the Application site may provide opportunities for individual or small numbers of roosting bats.

4.2.12 Industrial units were located adjacent to the Application site; industrial units typically have low roost potential due to their construction and use.

Badgers

4.2.13 No badger setts are known to occur on or within at least 30m of the Application site. Field surveys undertaken by Avian Ecology in 2011 identified evidence of badger activity in habitats surrounding the Application site and it is likely that badger visit the Application at least on occasion to forage.

4.2.14 Data relating to badgers and their sett locations is treated as confidential; therefore, details are not included within this report.

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Otter and Water Vole

4.2.15 There were no suitable watercourses identified within the Application site to support either water vole or otter. These species are not considered further within this appraisal.

Amphibians

4.2.16 No suitable aquatic habitats were identified within at the Application site. A total of four ponds were identified within 500m of the Application site from review of aerial images. The nearest ponds were located c. 60m north west of the Application site boundary.

4.2.17 The four ponds identified above have not been subject to detailed surveys to establish their potential for providing aquatic habitat for amphibians. However, surveys of the Blakehill WWT Reserve by Avian Ecology (in 2011) identified ponds with potential to support great crested newts; these were located approximately 800m west of the current Application site. Therefore, there is potential for great crested newts to be present within surrounding habitats and the Application site itself may form terrestrial habitat for amphibian species, including great crested newts.

Reptiles

4.2.18 The presence of reptiles was recorded during the field surveys at Blakehill WWT Reserve by Avian Ecology in 2011. The site was found to support a population of slow worm and it is likely that other species are also present. The Application site, with its mix of grassland and scrub vegetation provides suitable reptile habitat.

Other species

4.2.19 Site visits by Butterfly Conservation have identified that the blackthorn hedgerows to the boundary of the site provide favourable for breeding habitat for brown hairstreak butterfly and stands of self seeded ash trees may provide foraging habitat.

5 DISCUSSION

5.1.1 Natural England Guidance TIN101 (Natural England, 2011) states ‘like any type of development, solar parks have the potential to affect the landscape, natural habitats, soils and geological and archaeological features’. TIN101 discusses the potential for damage as a result of operation or when the panels are being erected or decommissioned and highlights the potential for cumulative impacts to occur when parks are sited in close proximity. However, it also notes that a well located and designed park cannot only avoid negative environmental impacts but deliver a net gain for biodiversity as well as contributing positively towards low carbon energy production.

5.1.2 In view of the above, this section seeks to identify potential effects on protected and notable species. The proximity of statutory and non-statutory designated sites and potential effects on their qualifying interests is discussed. To this extent, recommendations are made for further pre-construction survey work and mitigation, if required. Measures are proposed for the protection of on-site habitats throughout the construction phase of development.

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5.1.3 This section also introduces opportunities for post-development habitat enhancement on the Application site for the benefit of local biodiversity.

5.2 STATUTORY DESIGNATED SITES AND HABITATS

5.2.1 Natural England guidance TIN101 (Natural England, 2011) highlights the potential for adverse impacts where a solar park is proposed on or adjacent to a designated site or near sites of high wildlife value. Any solar park close to a designated site or site of high wildlife value will need to demonstrate that the development would not compromise the objectives of the designation.

5.2.2 The Application site does not form part of any statutory designated site for nature conservation. The nearest statutory designated site is Upper Waterhay Meadow SSSI (approximately 1.7km north), designated for its traditionally managed neutral hay meadow snakeshead fritillary Fritillaria meleagris interests. Given the distance of the statutory designated site and the nature of the proposed development, no direct or indirect impacts are anticipated.

5.2.3 The Application site forms part of the Blakehill Farm LWS. This part of the LWS (known as Purley Farm Fields) supports a mosaic of poor semi-improved grassland and scrub vegetation and is bordered by hedgerows, with some lengths of hedgerow containing ash trees. The development will require the cutting back of hedgerows and the removal of self seed ash trees from within the site. Through the implementation of suitable mitigation and avoidance measures, no permanent or long term impacts on habitats or species they support are anticipated. The Application site is currently not managed and the grassland habitats are in less favourable condition; the adoption of appropriate habitat management practices post construction can enhance these habitats within the Application site and work towards management objects as part of the wider Blakehill LWS and WWT Reserve. With specific reference the North Wiltshire Local Plan 2011, policy NE7 Nature Conservation Sites of Local Importance, the development will have no adverse effect on the nearby local designated sites are anticipated.

5.2.4 Consideration should be been given to any potential for pollution run-off to occur during the construction and operational phases of the development. Standard pollution prevention measures should be employed during the construction phase of the development, following Environment Agency guidance. The construction of a swale could be proposed, comprising shallow depressions, at the lower topographical areas of the Application site to the south, in order to “catch” overland surface water flows and reduce run-off potentially associated with site operation.

5.2.5 Habitat enhancement measures have been proposed within the Application site. A habitat management plan to include a cutting regime for the grassland habitat around the solar panels should be designed and then adopted. Grassland around the panels is considered to offer most benefits for plant and animal communities, as recommended in TIN101 (Natural England 2011). Grassland management will maintain the neutral grassland and maximise wildlife benefits. An appropriate management regime will allow wildflower species to establish, providing a gain over its current unfavourable status. Supplementary planting of native hedgerow species, particularly blackthorn will provide a continued resource for the brown hairstreak butterfly that have been recorded on site. The inclusion of ash trees as part of the landscape will mitigate for the loss of any trees that is required to facilitate the development. Overall, the measures described above will likely provide a net gain for biodiversity on a local level.

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5.3 BIRDS

5.3.1 The potential operational effects of solar parks on birds are not well documented. NE guidance TIN101 (2011) mentions that some birds are likely to be affected by solar parks developed close to statutory sites designated for their ornithological value, due to the potential for the loss of habitat and displacement to impact on qualifying interest species. In the absence of specific guidance or research into the effects of solar parks on birds, professional judgement has been applied.

5.3.2 No impacts are anticipated on qualifying species of the identified statutory designated sites (see paragraph 5.2.2).

5.3.3 There is potential for birds to be displaced by the construction phase of the development. The site as a whole, comprising grassland, scrub with boundary hedgerows and trees are likely to support a suite of farmland species, including some of local conservation concern (Eaton et al., 2009). Whilst some level of displacement is likely to occur, the impacts are considered to be negligible, given the small scale of the development and the large area of similar habitat in the wider landscape. The construction period for solar developments is also considered to be shorter than conventional construction projects and therefore any impacts are expected to be temporary.

5.3.4 A potential impact of the solar array is the loss of habitat for ground nesting birds; however, the Application site is not considered to provide optimal nesting habitat and the extent of habitat is small in relation to that available in the wider area. Overall, the potential for impact is considered to be low.

5.3.5 Hedgerows and scrub around the margins of the Application site provide suitable habitat for nesting birds.

5.3.6 In order to avoid impacts on nesting birds and to ensure compliance with the provisions of the Birds Directive and the Wildlife and Countryside Act 1981 (as amended), it is recommended that any initial ground works and any associated vegetation removal takes place outside of the bird breeding season (March-August inclusive). If vegetation works are necessary during the breeding season suitable nesting habitat should be hand-searched by a suitably experienced ecologist prior to works commencing.

5.4 BATS

5.4.1 Two possible mechanisms have been identified (Natural England, 2011) whereby operational solar parks may impact on bats;  Loss of commuting and foraging habitat; and,  Injury through interaction with solar panels, either through occasional collision as a result of bats attempting to drink from the panels, or collision into panels when they are vertically aligned and bats attempt to fly through them (Bjoern Siemers and Stefan Grief (2010)).

5.4.2 Natural England (2011) Guidance TIN101 states that there is some evidence from a laboratory-based study that bats can collide with solar panels, however further field- based research is required in order to comprehensively assess the likelihood of impacts.

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5.4.3 The Application site is not located close to any designated sites with identified bat interest.

5.4.4 The habitats within the Application site, particularly the hedgerows, scrub and trees provide opportunities for foraging and commuting bats. Such features will be maintained as part of the Project and with the additional inter-planting to existing hedgerow features there will be no loss of foraging habitat or commuting routes.

5.4.5 The development of the solar array will result in the loss of ash trees within the Application site. No known roost sites have been confirmed within the Application site; however, it is always recommended that, prior to any tree works commencing trees should be inspected, including off ground inspections for evidence of roosting bats. If roosts are found, an appropriate mitigation strategy will be devised to maintain favourable conservation status of the species.

5.5 BADGER

5.5.1 It is unlikely that there will be any potential impacts on badgers; however, badgers are known to forage widely across similar habitats in the UK and evidence of activity was recorded within habitats surrounding the Application site in 2011.

5.5.2 Any impacts on badger associated with the development are likely to be short-lived, occurring only during the construction stage. The working methods for this type of development are much reduced compared to construction projects requiring extensive excavation of foundations and typically require only short construction periods. Foundations will be pile-driven and open excavations will be kept to a minimum, and covered overnight or fitted with a means of escape should a badger become trapped. All materials will be stored in secured compounds or raised off the ground.

5.5.3 Due to the absence of badger activity within the Application site or immediate surroundings and given the short-duration of works and limited excavation works required, impact on badgers is considered unlikely. However, given the potential for badgers to move into the fields comprising the Application site during the interim period between survey and construction, checks for any newly constructed badger setts should be made in advance of construction on all areas within at least 50m of the proposed development, to ensure that, if necessary, appropriate measures can be put in place to ensure legal compliance.

5.6 AMPHIBIANS

5.6.1 Four ponds were identified within 500m of the Application site; all of which were located outside the boundary with the nearest at a distance of approximately 60m. No ponds will be lost as a result of the proposed development. Ponds in the surrounding landscape (over 800m from the Application site) have been identified has having potential to support great crested newts.

5.6.2 With respect to the nature of solar developments; construction requires very low levels of land take and the limited excavation further reduces the likelihood of potential impacts on amphibian species. Nevertheless, a precautionary approach is adopted and a series of Reasonable Avoidance Measures (RAMs) will be implemented through the construction period. A full Method Statement for these RAMs is included as Appendix 3 and these will be implemented throughout the construction process.

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5.6.3 Post development, habitat enhancement measures such as the creation and management of a structured grassland habitat around panels and creation of new hedgerows would provide an improved terrestrial habitat for amphibians.

5.7 REPTILES

5.7.1 The poor semi-improved neutral grassland within the Application site is considered suitable to support reptile species.

5.7.2 It is recommended that a watching brief should be employed by site operatives during construction activities to avoid risks of inadvertently killing or injuring reptiles that could potentially be present around the Application site boundaries.

5.8 OTHER NOTABLE SPECIES

5.8.1 The above habitat assessment identified potential for breeding and foraging brown hairstreak butterfly within the hedgerows of the Application site. The Application site may also offer suitable habitat for foraging grizzled skipper and small heath.

5.8.2 The hedgerows will require some cutting back during the construction phase of the development. This alone should not present significant impacts on this species.

5.8.3 The implementation of supplementary hedgerow planting, with blackthorn would result in a minor positive effect for brown hairstreak and other butterfly species in the long term.

5.8.4 Post development management of the hedgerows should follow guidance issued by The Butterfly Conservation, Hedgerows for Hairstreak. Hedgerows should be cut on a 3-5 year regime, with no more than a third of the hedgerows cut in any one year. It is advisable that sections of hedgerow are laid, approximately every seven years to produce young growth that is attractive for egg laying.

5.8.5 Hedgerow management should be timed for January and February to be as least damaging to other wildlife such as birds and mammals.

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5.9 SUMMARY – ECOLOGY PRIORITY MATRIX

Status / Legal of Potential Recommended Mitigation / Enhancement Likely Residual Recommended Further Survey Effort Protection for Impacts Measures Impact Designated Sites SSSI, SAC, NNR, Pollution prevention measures. Habitat Unlikely n/a Neutral LWS & WWTR enhancement to grassland and hedgerows. General Protection and hedgerows. Pollution Habitats n/a Negligible n/a prevention. Grassland and hedgerow enhancing Minor positive and management. Birds Directive Nest searches if vegetation works are Vegetation clearance to avoid breeding season Birds Neutral / Minor Annex 1, WCA Unlikely proposed during breeding/nesting season (March to August inclusive). General habitat positive 1981 (March to August inclusive). enhancement measures. Precautionary tree inspection by a Protection of trees and hedgerows to maintain Bats WCA 1981, Habitat competent and experienced arborist (or in Neutral / Minor Unlikely foraging, commuting opportunities. General Regs. 2010 presence of ecologist) for any trees outlined positive habitat enhancement measures. for removal. Precautionary measures to include covering Badger Protection of Unlikely Pre-construction badger survey. open excavations and safe storage of materials Neutral Badgers Act 1992 over night. Amphibians and WCA 1981, &/or RAMs to be implemented during construction reptiles Unlikely n/a Neutral Habitat Regs. 2010 phase of the development. Other Notable General habitat enhancement measures and Species - Neutral / Minor UKBAP Unlikely n/a specific hedgerow management as endorsed by Lepidoptera positive butterfly conservation

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Ecology Priority Matrix Key

Status

NNR – National Nature Reserve

SAC – Special Area of Conservation

SSSI - Site of Special Scientific Interest

LWS – Local Wildlife Site

WWTR Wiltshire Wildlife Trust Reserve

Legal Protection

WCA 1981 - Wildlife and Countryside Act 1981,

Habitat Regs. 2010 - The Conservation of Habitats and Species Regulations 2010

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REFERENCES

Bat Conservation Trust (2007). Bat Surveys – Good Practice Guidelines. Bat Conservation Trust, London.

Butterfly Conservation (2004). Hedgerows for Hairstreak, Hedgerows and woodland management to conserve the brown hairstreak. Butterfly Conservation, Wareham.

Council Regulation (EC) No 1100/2007 of 18 September 2007. ‘Establishing measures for the recovery of the stock of European Eel’. Official journal of the European Union. I.248/17-23.

Defra (2007). Conserving Biodiversity – The UK Approach. HMSO.

Eaton MA, Brown AF, Noble DG, Musgrove AJ, Hearn R, Aebischer NJ, Gibbons DW, Evans A and Gregory RD (2009). Birds of Conservation Concern 3: the population status of birds in the United Kingdom, Channel Islands and the Isle of Man. British Birds 102, pp296-341.

JNCC (2003). Handbook for Phase I Habitat Survey – a Technique for Environmental Audit. JNCC, Peterborough.

Natural England (2011). Technical Information Note TIN101 - Solar Parks: maximising environmental benefits. Natural England, Peterborough.

RSPB (2011). Solar power RSPB Briefing, March 2011. RSPB UK.

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Appendix 1 - Figure 1: Phase 1 habitat survey

Appendix 2 - Figure 2: Site Plan with PV Layout (plan provided by Bath & West Community Energy)

APPENDIX 3

METHOD STATEMENT

GREAT CRESTED NEWT REASONABLE AVOIDANCE MEASURES

Legislation

Great crested newts (GCN) and their habitat are fully protected under national (Wildlife & Countryside Act 1981 (as amended)) and European law (The Habitats and Species Regulations 2010) as a European Protected Species (EPS). The combined legislation makes it illegal to:

 intentionally or deliberately capture, kill or injure a great crested newt;

 intentionally or recklessly damage, destroy or obstruct access to any place used for shelter and protection including resting and breeding places, whether occupied or not;

 deliberately, intentionally or recklessly disturb a great crested newt when in a place of shelter;

 possess a great crested newt, or any part of it, unless acquired lawfully;

 sell, barter, exchange or transport or offer for sale great crested newts or parts of them.

Anyone carrying out activities which may affect EPS must consider the presence of EPS, their breeding sites and resting places. Good practice guidance is available from Natural England, which advises on assessing for the presence of EPS, and the possible impact of operations (including strategies for avoiding committing offences). If an offence cannot be avoided, then a derogation licence should be sought from Natural England.

Method Statement objectives

The objectives of this method statement are therefore to:-

 Avoid committing an offence under the above legislation; and,

 To ensure that favourable conservation status of GCN is maintained.

Any development related activities on the site, such as vegetation clearance or excavations in areas of suitable newt habitat may potentially affect this species. As a result, safeguards must be implemented to protect this species and the Method Statement below details measures to be implemented to ensure these objectives are achieved. If these measures are followed then both objectives will be achieved without the need for a derogation license from Natural England.

Method Statement

This method statement should be followed for the construction of the solar array and associated minor works within the site, which may affect the surrounding terrestrial habitat. Minor or short term destructive or disturbance works (e.g. cable laying) will also follow this Method Statement to ensure legal compliance and to ensure the favourable conservation status of the species is not compromised.

The following measures will be adopted throughout the construction period of the proposed development:

 Taller vegetation within working areas is to be strimmed and cut back to approximately 6 inches above ground level to remove cover at least 1 week prior to the start of works;

 All working areas with vegetation cover within the application site boundary will be hand- searched by an ecologist prior to any form of digging, excavation or final vegetation clearance (below 6 inches) being started;

 Should any trenches and excavations be required, an escape route for animals that enter the trench must be provided, especially if left open overnight. Ramps should be no greater than 45 degrees in angle. Ideally, any holes should be covered;

 All excavations left open overnight or longer should be checked for animals prior to the continuation of works or infilling, ideally back filling should be undertaken as an on-going process to the work in hand;

 Any excavated material stored overnight should be searched prior to being used as infill;

 There will be no impacts on surrounding hedgerows;

 The proposed timing of the works should coincide with the majority of GCN being within ponds or the GCN hibernation period. This will reduce the likely presence of GCN within unfavourable terrestrial habitat (improved grassland / arable land);

 If a GCN is found, work must stop immediately and contact should be made with a licensed, qualified ecologist, who will liaise with Natural England;