EXTENDED PHASE 1 HABITAT SURVEY FOR PROPOSED NEW POULTRY HOUSES AT MOWBRAY FARM, SANDHUTTON, THIRSK, N.YORKSHIRE, YO7 4RX
Prepared for: Acorus Rural Property Services The Old Market Office 10 Risbygate Street Bury St Edmunds Suffolk IP33 3AA
Eco-Check Consultancy Ltd, 26, Primula Drive, Norwich, Norfolk, NR4 7LZ
Tel-(01603) 443820 Mob-(07914) 130493. [email protected]
SEPTEMBER 2010
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 1
CONTENTS
Page. No
1) INTRODUCTION 3 EXECUTIVE SUMMARY 3 SCOPE 4 PLANNING REQUIREMENTS AND KEY CONSIDERATIONS 6 SURVEY CONTRAINTS 7
2) LOCATION AND SITE ASSESSMENT 7
3) DESK STUDY & RESULTS 8
4) FIELD SURVEY METHODOLOGY 10 VEGETATION AND HABITAT SURVEY 11
5) PROTECTED SPECIES SURVEY METHODOLOGY 12
6) FIELD SURVEY RESULTS 15 INTRODUCTION 15 HABITATS 15 FAUNA 18
7) PROTECTED SPECIES RESULTS 18
8) ECOLOGICAL EVALUATION 21
9) LIKELY IMPACTS OF DEVELOPMENT 22
10) MITIGATION 26
11) RECOMMENDATIONS AND FURTHER INVESTIGATIONS 35
12) CONCLUSIONS 35
REFERENCES 37
APPENDICES APPENDIX 1 – SITE PLANS APPENDIX 2 – SPECIES NOTES AND PHASE 1 HABITAT MAP APPENDIX 3 – DESK STUDY DATA AND SUPPLEMENTARY INFORMATION APPENDIX 4 – SITE PHOTOS
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 2
INTRODUCTION
EXECUTIVE SUMMARY
‘Eco‐Check Consultancy Ltd’ was commissioned by ‘Acorus Rural Property Services’ in July 2010 to undertake an Extended Phase 1 Habitat Survey of an existing poultry farm located approximately 3km to the west of Thirsk, North Yorkshire. A planning application is to be submitted for the construction of four new poultry houses on an area of grazed grassland and arable land to the west of the existing site.
The purpose of this assessment was to identify any likely significant effects on flora and fauna arising from the proposed development, assess the presence of valuable habitats and likely use of the site by protected and biodiversity action plan (BAP) species.
The report also provides appropriate measures for avoidance, reduction or compensation for those effects, together with biodiversity enhancement measures and recommendations for further ecological investigations where necessary.
Survey methodology followed the Phase 1 Survey Handbook (JNCC 1993) with additional emphasis on searching for protected species, their field signs or identifying habitat which may support protected species. The survey report also includes consideration regarding ecological records obtained from North and East Yorkshire Ecological Data Center (NEYEDC) relating to the site and its surrounding area.
The desk study identified records of great crested newts, whiskered bat, pipistrelle, hedgehog and several BAP bird species including osprey, corn bunting, house sparrow, common starling, lapwing and song thrush. No statutory or designated wildlife sites were identified within a 2km radius of the survey area.
The proposed development area comprises a small strip of grazed grassland and an arable field to the west of the existing site. Mowbray Farm comprises four poultry houses, an office, agricultural dwelling and concrete hard‐ standings. Improved grassland and arable land are the dominant habitats within the application area. The grazed field contained small areas of species
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 3 poor semi‐improved grassland which was considered to have potential to support reptiles and nesting birds. The arable field had recently been cut for hay but tall ruderal vegetation and rank grassland was present along the field margins and adjacent to the woodland on the west boundary.
The application site is bounded by intact species poor hedgerows and scattered trees. A section of hedgerow between the two fields is to be removed to facilitate the new buildings along with a small number of middle aged and mature trees.
In light of the survey findings it is recommended that any removal of hedging, trees or rank grassland should be performed outside of the bird nesting season which extends from March to the end of August or a nesting bird check by a suitably qualified ecologist is undertaken prior to the vegetation removal.
No evidence of other protected species was found on site, although there are suitable habitats for nesting birds, roosting and foraging bats and reptiles. It is recommended that a detailed inspection of the mature trees for potential bat roosts be undertaken prior to felling or pruning works.
Recommendations to enhance the site post development are also provided to take into account the national biodiversity strategy detailed in Planning Policy Statement 9 (PPS9) to conserve, enhance and restore biological diversity in England by sustaining and where possible, improving the quality and extent of the natural habitat.
SCOPE
The ecological investigations undertaken include:
1. A desk study and consultation exercise to gather existing information on statutory and non‐statutory sites of conservation interest, and any protected or notable species.
2. A survey to describe the vegetation and habitats of ecological importance utilizing the Handbook for Phase 1 Habitat Survey, (JNCC, 2007) and the National Vegetation Classification methodology as set out in the NVC Handbook (source: “Handbook for using the National Vegetation Classification” J.S.Rodwell, 2006 Joint Nature Conservation Committee). Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 4
3. A reconnaissance survey for evidence of protected species and identification of habitats suitable for such species. In particular the survey adopted the national survey methodologies for badgers, reptiles, amphibia, water voles and bats.
4. Analysis of the data gathered from desk and field surveys and identification of any likely significant effects on protected species, including proposals for avoidance, reduction, compensation and enhancement measures.
5. Assessing the magnitude and nature of any impact the proposed development would make on the site, evaluate any residual effects of the development and recommendations for further investigations where necessary.
The assessment aims to:
• Describe the baseline condition of the ecological features which occur within the development site;
• Assess the potential construction and operational impacts resulting from biophysical changes incurred by the development;
• Identify the mitigations necessary to reduce the potential impact of the development on designated sites, habitats, protected and notable species (i.e. ecological features) which occur within the site), and;
• Summarise the residual impacts of the development on the ecology and nature conservation in the zone of influence.
The impact assessment presented in this report was undertaken in compliance with the Institute of Ecology and Environmental Management Guidelines for Ecological Impact Assessment in the United Kingdom (IEEM, 2006).
Where practical in the context of the development, this assessment follows the PPS9 guidance on Planning for Biodiversity and Geological Conservation with conclusions which encompass the five‐point approach as recommended in the Royal Town Planning Institute’s good practice guide Planning for Biodiversity.
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REQUIREMENTS FOR PLANNING APPLICATIONS
The overall design of a development (including master plans of larger developments) should always be informed by, and respond positively to, ecological considerations and the findings of the site evaluation process. Applicants will be expected to demonstrate that:
• Opportunities for wildlife conservation and enhancement have been identified as part of the initial analysis stage.
• Design has been informed by the relevant objectives and targets in the UK Biodiversity Action Plan and Hambleton Biodiversity Action Plan, and seeks to meet these where possible.
• There is clear understanding of what is feasible or desirable on the site, e.g. through reference to Habitat Actions Plans.
KEY CONSIDERATIONS
Areas of important wildlife habitat identified during site survey should be retained wherever possible. Direct or indirect impacts upon retained habitat, or other wildlife features, should be appropriately mitigated.
Where all opportunities for habitat retention and mitigation have been explored but impacts on habitats or other wildlife features cannot be avoided, there should be adequate compensation.
Retained wildlife habitats or other wildlife features should be protected and buffered during construction and other site works. Through good design, visual amenity can be enhanced and the risk of accidental or deliberate damage to habitats or other wildlife features reduced.
Retained and new wildlife habitats (and, where appropriate, other landscaping and open space) should be designed to maintain and enhance wildlife corridors and stepping stones.
The preparation and implementation of a suitable management programme will normally be necessary to maintain the benefits arising from the retention, creation and enhancement of wildlife habitats.
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Proposed management programmes should demonstrate an understanding of how routine management will be delivered and incorporate appropriate programmes for monitoring the effectiveness of any management work.
SURVEY CONSTRAINSTS
The comprehensiveness of the ecological assessment was limited by the season in which the site visit was made. To confirm the presence or absence of all protected species usually requires multiple visits at suitable times of the year.
The site visit focussed on assessing the potential of the site to support species given protection under British or European law. In view of the above constraints this assessment cannot be considered to provide a comprehensive survey of the ecological interest of the site.
It does however provide a “snapshot “of the ecological interest present on the day of the visit and highlights areas where further survey work may be required.
LOCATION AND SITE ASSESSMENT
Mowbray Farm is located approximately 1km to the east of the village and civil parish of Sandhutton in the Hambleton District of North Yorkshire, SE385832.
The site is approximately 3km west of Thirsk and 10km south of Northallerton. The site is accessible from Sandhutton Lane via the A167 to the west and the A61 to the south. The site is located in a largely agricultural landscape with arable fields and grazed grassland.
The immediate boundaries to the survey area are formed by the existing farm site to the east, Sandhutton Lane to the south and west and arable land to the north. The proposed development area consists of a grazed field to the rear of the agricultural dwelling and agricultural grassland to the west.
The existing farm site comprises four poultry houses, covering approximately 6,400m², an agricultural dwelling and office building to the south‐west of the plot. Short improved grassland bounds the buildings with mature boundary hedging and scattered trees.
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The proposal is to expand the farm site by construction a further four poultry houses to the west, with associated new access and concrete hard standings.
Fig.1 Site Location Map, Streetmap (2010)
Two of the new buildings will be located roughly on the grazed field to the rear of the agricultural dwelling and a further two on the arable field to the west. It is anticipated that some sections of hedgerows and trees will need to be removed. The location and scale of the new poultry houses is illustrated on the site plans (Appendix 1).
DESK STUDY
A desk study was undertaken to determine the designated statutory and non‐ statutory sites of nature conservation interest, protected or notable species and other habitats or features of conservation importance within a 2km radius of the survey area.
This involved contacting statutory and non‐statutory organisations. ‘Eco‐Check Consultancy’ collated and reviewed the desk study data provided by the organisations. In addition, a data search for areas of ecological importance was undertaken using the Multi‐Agency Geographical Information for the
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 8
Countryside website (MAGIC). A copy of the information received is contained in Appendix 3.
Habitats and species within the UK and Hambleton Biodiversity Action Plans have also been included in the study.
The consultees for the Desk Study were:
• Natural England Nature on the Map (Magic Web site for statutory conservation sites)
• North and East Yorkshire Ecological Data Centre (NEYEDC)
• Yorkshire Wildlife Trust (Historical records and County Wildlife Sites)
DESK STUDY RESULTS
Statutory Sites of Nature Conservation Significance
The information provided by (NEYEDC) and Yorkshire Wildlife Trust identified no statutory wildlife sites within 2km of the survey area.
Non‐Statutory Sites of Nature Conservation Significance
The information provided by (NEYEDC) and Yorkshire Wildlife Trust identified no non‐statutory wildlife sites within 2km of the survey area.
Protected Species Records
No records for protected species were found within the application area. A search for protected and BAP species within 2km (4km for bats) of the site revealed a number of records. Species identified within 2km of the site that are afforded significant legal protection include great crested newt (Triturus cristatus), Whiskered bat (Myotis mystacinus) and Pipistrelle (Pipistrellus pipistrellus).
Species afforded less significant legal protection but listed in the UK and Hambleton BAP include hedgehog (Erinaceus europaeus), song thrush (Turdus philomelos), common starling (Sturnus vulgaris), house sparrow (Passer domesticus), osprey (Pandion haliaetus) and corn bunting (Miliaria calandra). A full citation of all protected and BAP species within the search radius are listed in Appendix 3.
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FIELD SURVEY METHODOLOGIES
The outlined site was inspected by an experienced ecologist to identify and characterise the principal wildlife habitats, this included an assessment of the presence or possibility of any protected, rare or declining species.
Habitats on the site were assessed to assist in determining areas with the potential to support such species and areas where further survey work may be required. The habitat and vegetation walkover survey was conducted by James Hodson BSc MSc MIEEM (Consultant Ecologist).
PHASE 1 HABITAT SURVEY SUMMARY
A Phase 1 habitat survey was carried out, which included:
A site based Phase 1 habitat survey to identify the broad habitat types, in compliance with the Handbook for Phase1 Habitat Survey: A Technique for Environmental Audit (JNCC, 1993);
An assessment of the habitats and the likelihood of protected and notable species using these habitats.
VEGETATION AND HABITATS
To fulfill the brief, a Phase 1 Habitat Survey was conducted following the methodology of JNCC (2007) on 12th August 2010. The survey focused on the development area and also recorded adjacent habitat types in less detail.
Phase 1 Habitat Survey is a standard technique for classifying and mapping British habitats. The aim is to provide a record of habitats that are likely to be ecologically important. During the Phase 1 Habitat Survey, the presence, or potential presence, of protected species was also noted.
The site was walked over and the dominant vegetation and features were noted. Recent aerial photographs (See Fig.2) were also consulted. Detailed species notes were taken and a Phase 1 Habitat Map produced (Appendix 2), and the site was also documented by a series of photographs (Appendix 4).
The dominant vegetation and structure were assessed in accordance with the national standard for the survey of plants using the ‘JNCC National Vegetation Classification System, 2006’.
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The hedgerow survey was carried out, as far as possible, according to a methodology outlined by Congreve (2002) in order to assess whether any hedgerows on or near the site merit automatic legal protection.
In addition the hedgerows were graded according to the Hedgerow Evaluation and Grading Scheme (HEGS) devised by Tofts and Clements (1994). This scheme grades hedges in terms of their ecological value on a scale from 1+ (very high) to 4‐ (very low). The criteria used to arrive at the HEGS grading include;
Structural complexity‐hedgerows with large dimensions, standard trees and a wide grassy verge score highly; Species diversity‐ the greater number of shrub, tree and ground flora species the better the score; Connectivity to other ecologically valuable features‐hedgerows with few gaps that provide links to ponds, woods and other hedgerows score highly’ Associated features‐hedgerows with ditches, banks, tracks etc next to them are indicative of greater age, and as such are culturally as well as ecologically more valuable.
Fig.2‐ Aerial view of application area and surrounding landscape, Google Earth, 2010
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FAUNAL OBSERVATIONS
A survey for evidence of protected species and an assessment of the suitability of the habitats present to support such species was undertaken on 12th August 2010 within the application area and along the site margins (where access permitted). The following protected species were considered;
Badgers
Badgers (Meles meles) are afforded protection under ‘The Protection of Badgers Act’ 1992, under which it is an offence to kill, injure, take, possess or cruelly mistreat a badger or to interfere with, or obstruct access to a sett. Evidence of the presence of badgers is determined by searching for setts and for signs of badger activity, such as their distinctive latrines, snuffle holes, padding or guard hairs caught on thorn bushes or fences along routes which they have used.
Badgers tend to use the same routes for travelling between their setts and feeding areas over long periods of time; these routes develop into tracks, which are obvious to the naked eye. Suitable tracks are therefore searched for signs of badger activity to determine whether they are badger runs or tracks formed by other animals (such as dogs or humans).
Methodologies used and any setts recorded were classified according to published criteria (Harris, Creswell & Jefferies, 1989). Early spring is a good time to survey for evidence of badgers as the vegetation is relatively short and any setts would be readily visible.
Bats
Bats are afforded legal protection on a European and national basis, predominantly under the Habitat Regulations 1994 and the Wildlife and Countryside Act 1981 with further protection added under the Countryside and Rights of Way Act 2000, which makes it a criminal offence to disturb or obstruct a bat roost.
Typically bat species roost in roof spaces, cracks in walls, caves or trees that have suitable holes and/or are covered with dense ivy. Any trees within or overhanging the survey area were appraised for their suitability for roosting bats. The inspection (undertaken from ground level using binoculars where necessary) involved a search for areas of flaky bark, dense ivy‐covering, cracks,
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 12 rot‐holes and crevices in trunks or limbs of suitable size and structure for bats to roost in.
It is anticipated that a number of mature trees and hedges are to be removed or disturbed by the proposals, however a recommendation has been made to inspect for bats and nesting birds prior to removal of any trees or hedges.
The survey methods used were based on those outlined in the Joint Nature Conservation Committee’s published Bat Worker’s Manual (2004), English Nature’s Bat Mitigation Guidelines (2004) and the Bat Conservation Trust (2007) Bat Surveys‐Good Practice Guidelines.
Birds
There are varying degrees of protection for birds as some are classed as pest species while others are protected by special penalties. All wild birds receive special protection under the Wildlife and Countryside Act 1981 (as amended) which makes it an offence to “take, damage or destroy the nest of any wild bird while it is in use or being built” and to “take or destroy the eggs of any wild bird”.
All bird species are noted whether flying over, singing or feeding and the likelihood of the habitat to support each species in terms of feeding, nesting and roosting is assessed. A comprehensive bird survey such as a breeding bird survey was not undertaken as this was beyond the remit of the survey assessment.
Dormice
Evidence of the presence of dormice (Muscardinus avellanarius) is determined by systematically searching for gnawed hazelnuts underneath hazel (Corylus avellana) coppice, as well as searching for nests, which are often found in brambles or other low growing shrubs including hazel.
They are afforded legal protection on a European and national basis via the Habitat Regulations 1994 and the Wildlife and Countryside Act 1981. The area was assessed for suitable habitats that could potentially be used by dormice.
Great Crested Newts
Great‐crested newts (Triturus cristatus) and their habitat are protected under the Wildlife & Countryside Act 1981 and the Habitat Regulations 1994. This
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 13 protection was further strengthened under the Countryside and Rights of Way Act 2000.
Great crested newts (Triturus cristatus) require a body of water in which to breed. This should contain suitable submerged and marginal vegetation to provide opportunities for egg‐laying with some less vegetated areas to enable courtship display.
Great crested newts also require a terrestrial habitat in which both to forage and to hibernate over winter. The site was examined for suitable waterbodies and terrestrial habitat. Survey methods were based on those outlined in the Joint Nature Conservation Committee’s published ‘Herpetofauna Workers’ Manual, 2003’.
Otters N/A
Reptiles
Slow‐worms (Anguis fragilis) and common lizards (Zootoca vivipara) inhabit a large variety of habitats, such as rough grassland, heathland or woodland edge where there are suitable opportunities for maintaining their body temperature and finding suitable prey.
Grass snakes (Natrix natrix) are normally associated with waterbodies but they have a wide home range of up to 2km² and can occur anywhere within that range, particularly in grassy sites as the common name implies. The site was assessed for suitable habitats. Protection is afforded to the slow‐worm, common lizard and grass snake under Section 9 (1) and 9 (5) of the Wildlife & Countryside Act 1981.
Water Vole N/A
Other Notable Species
The survey area was also appraised for its suitability to support other notable fauna including mammals, birds & invertebrates in accordance with the published ‘Guidelines for Baseline Ecological Assessment’ (Institute of Environmental Assessment, 1995). Evidence of any current or historical presence of such species was recorded.
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FIELD SURVEY RESULTS
VEGETATION AND HABITATS
The survey was completed on 12th August 2010. The weather conditions at the time of the survey are shown in Table.1
Conditions 12th August 2010 Temperature ( C) 23 Cloud Cover (%) 20 Precipitation ‐ Wind Speed (Beaufort) 1 Table.1 Conditions at time of survey
HABITATS
The Phase 1 habitat survey identified five main habitat types within the application site and which will be potentially impacted by the proposed development. The site and adjacent boundaries are dominated by buildings, species poor semi‐improved and improved grassland, tall ruderal vegetation, bare ground, scattered trees and hedging.
A full list of species recorded during the site survey is presented in Appendix 2 in addition to an Extended Phase 1 Habitat Survey Map.
The following broad habitat types were recorded at the site:
Arable land Bare ground and buildings Running water Scattered trees and hedging Species poor semi‐improved and improved grassland Tall ruderal
Arable Land (Plate 1 & 2)
The largest section of the proposed new farm site is on an area of agricultural grassland. At the time of inspection the grassland had recently been cut for hay and was relatively short at approximately 5cm. The sward structure was typical of improved grassland generally found on nutrient enriched arable land. The dominant species were annual meadow grass (Poa annua), perennial ryegrass Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 15
(Lolium perenne), false oat grass (Arrhenatherum elatius), cocks foot (Dactylis glomerata), creeping thistle (Cirsium arvense), creeping buttercup (Ranunculus repens) and red fescue (Festuca rubra). The sward structure was generally taller and more diverse along the field margins in association with the hedgerows and where less frequently cut.
Bare ground and Buildings (Plate 3 & 4)
The existing site comprises four panelled poultry units, which have pitched corrugated sheet roofs with metal ridgelines and hooded metal extractor fans on the ridge and sides of the buildings. Hard standing surrounds these buildings. An unmade track runs along the northern boundary to a concrete hard standing at the northern end of the sheds. The main access to the site is from the south via a concrete driveway, also within the site are feed silos and gas storage tanks.
To the south‐west is an agricultural bungalow with a separate access. The structure is of a medium size and has a pitched tile roof. A section of the roof to the rear of the bungalow is flat and comprised of bitumen roofing felt.
Running Water
A partially wet drainage ditch runs along the northern boundary of the site for approximately 250m. The ditch was mostly obscured by the hawthorn hedgerow and mature trees along the boundary but contained a shallow depth of water. No notable aquatic plants were recorded and ground flora was generally restricted to ground ivy and common arable weeds including nettle (Urtica dioica) and bramble (Rubus sp.)
Scattered Trees and Hedging (Plates 5 & 6)
The application site is bounded by intact species poor hedging with a mixture of middle aged and mature trees. Two further lengths of hedgerow run from north to south adjacent with the western boundary of the existing site and along the western boundary of the grazed grassland field.
The hedgerows are predominantly a monoculture of hawthorn (Crataegus monogyna) and elder (Sambucus nigra ) with freqeunt bramble (Rubus fruticosus) and willow (Salix sp.). The hedgerows varied in height but were generally between 3‐5m in height and 2‐3m in width.
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The dominant boundary trees include ash (Fraxinus angustifolia) and sycamore (Acer pseudoplatanus) with occasional pedunculate oak (Quercus robur), apple (Malus domestica) and elder bushes. Trees varied in age and height, with some notable mature specimens along the north and south boundaries.
The trees and hedging offer a nesting and foraging habitat for birds, bats and food source for invertebrates and are of moderate to high ecological value. A search of the mature specimens within the site did not indicate any obvious signs of bat roosts, but should be searched in more detail prior to any being disturbed.
None of the hedgerows were recorded as ‘Important’ under the Hedgerow Regulations Act, 1997.
Species poor semi‐improved grassland (Plate 7 & 8)
A mixture of improved and species poor semi‐improved grassland is present within the site. Short improved grassland surrounds the existing poultry houses, where the grass is cut on a regular basis. The grazed field adjacent to the existing site contains rank grassland with a mixture of perennial and arable weeds.
Dominant species present include cocksfoot (Dactylis glomerata), white dead‐ nettle (Lamium album), cow parsley (Anthriscus sylvestris), hogweed (Heracleum sphondylium), dandelion (Taraxacum agg), field bindweed (Convolvulus arvensis), cleavers (Galium aparine), creeping thistle (Cirsium arvense), creeping buttercup (Ranunculus repens), spear thistle (Cirsium vulagre), meadow foxtail (Alopecurus pratensis) and Yorkshire fog (Holcus lanatus).
The grassland had a long and variable sward height between 20‐60cm, species diversity and sward height was generally greater towards the field margins, where some other common and ephemeral weed species have established. These areas associated with the scattered trees and marginal vegetation are of moderate to high ecological value, providing foraging habitat for small mammals and herpetofauna, including ground nesting birds and reptiles.
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Tall ruderal (Plate 9 & 10)
Tall ruderal vegetation is present along the margins of the arable field and adjacent to the small woodland in the west corner. Most of this vegetation has established as buffer strips have been left uncut along the margins. Species present include nettle (Urtica dioica), broad‐leaved dock (Rumex obtusifolius) and spear thistle (Cirsium vulgare), white dead‐nettle (Lamium album), rosebay willowherb (Chamerion angustifolium), dandelion (Taraxacum officinale) and cocksfoot.
FAUNAL SPECIES RECORDED
Faunal species observed at the site or in close proximity to the site is presented in Table.2.
Common Name Scientific Name Blackbird Turdus merula Blue Tit Parus caeruleus Bumble bee Bombus. sp Carion crow Corvus corone Grasshopper Chorthippus brunneus Great tit Parus major Magpie Pica pica Pheasant Phasianus colchicus Pigeon Columba palumbus Rabbit Oryctolagus cuniculus Robin Erithacus rubecula Wren Troglodytes troglodytes Table.2 Faunal species recorded
PROTECTED AND NOTABLE SPECIES SURVEY RESULTS
Evidence of protected species and other fauna are listed below in more detail:
Bats
No evidence of bats was found within the site but the mature scattered trees, in particular along the north and east boundary could be valuable for roosting, foraging and commuting bats. The mature ash and oak specimens have features which may be used by roosting bats during the summer months, such as cracks, cavities, flaking bark and dense ivy cover. The rank grassland and hedgerows may provide suitable foraging habitats for a range of species. NEYEDC have identified a number of bat species within a 4km radius of the site.
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Badgers
There were no signs of badger activity on site. No sett’s were found, nor were any droppings, badger trails or latrines. The arable field is of low value for badgers, although the woodland in the west corner may provide suitable habitat. There are no historical records of badgers within 2km.
In the unlikely event that any badgers are found during the course of the proposed works, work should be halted immediately, Natural England should be informed and allowed time to advise on the best way to proceed.
Birds
A number of birds were either seen or heard during the habitat survey, although the scope of the survey was not to provide an accurate sample or an indication of breeding. Small passerines such as robin (Erithacus rubecula), wren (Troglodytes troglodytes), blue and great tit (Parus caeruleus & P. major) were noted as well as magpie (Pica pica), carrion crow (Corvus corone corone) and wood pigeon (Columba palumbus) a list of recorded species is provided in Table.2.
The hedgerows, trees and scattered scrub present within the site are considered to provide potential habitat for nesting and nest‐building birds, including potential for ground nesting birds within the rank grassland field and tall ruderal vegetation. A number of bird nests were found within the hawthorn hedgerow along the northern boundary.
NEYEDC provided a range of records relating to bird species within a 2km radius of the site, a number of which are listed in the UK and Hambleton BAP and/or described as vulnerable species on the IUCN Red List.
Care should be taken to ensure that no nesting wild birds are disturbed during vegetation clearance work which should take place between 31st July and 1st March of any given year.
Should clearance of the site be undertaken outside of these months then a suitably qualified ecologist must be engaged prior to any work commencing to check for nesting birds and advise accordingly on the most appropriate way to proceed.
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Amphibians
There are no ponds or areas of standing water within the application site, a small depression in the arable field suggests there was once a small pond, however there is a pipe which runs north to south across the field which presumably now drains any water. There is a large fishing lake approximately 250m south‐east of the site.
The terrestrial habitats within the application site are of moderate value for foraging GCN, dominated by rank grassland.
It is deemed unlikely that GCN are present within the site due to the lack of any suitable breeding ponds, and the only historical records of GCN are approximately 1.5km to the north‐east.
Reptiles
The species poor semi‐improved grassland and areas of tall ruderal vegetation are considered to potentially represent foraging and basking habitat for reptile species. NEYEDC identified no records of slow worm, common lizard or grass snake within a 2km radius of the survey area.
There is suitable habitat for slow‐worms, common lizard and grass snake around the site, such as hedge bottoms and taller rank grass. Slow‐worms are long lived and spend much of their life underground and so are rarely seen.
No further investigations for reptiles are deemed necessary, however a mitigation statement has been provided to adopt the best working practices for site clearance and this must be carried out under the supervision of a suitably qualified herpetologist.
Water Vole
There are no suitable habitats on site or adjacent to the site that could support water voles.
Otters
There are no suitable habitats on site or adjacent to the site that could support otters.
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White‐clawed crayfish
There are no suitable habitats on site or adjacent to the site that could support white‐clawed crayfish.
Dormice
The lack of any valuable hedgerows or connectivity to more valuable habitats outside of the site makes the presence of nesting and foraging dormice unlikely. The brambles within the hedgerows are of some value, the fruit of which is an important food source for dormice. However the general isolation of the site and lack of suitable habitat makes the site suboptimal for dormice.
ECOLOGICAL EVALUATION
Habitats
The plant communities constituting the dominant habitats on site, arable, improved grassland and tall ruderal vegetation, are ecologically unremarkable. They are relatively widespread and abundant, containing a low diversity of common species. This lack of species diversity means that the range of invertebrates, particularly insects inhabiting the site is likely to be relatively low.
The main ecological value of the site is along the margins, particularly the intact hedgerows and mature boundary trees which generally have a greater species diversity and therefore ecological value. Some of the boundary trees also provide the most sheltered and warm conditions which are likely to be associated with the greatest range of species.
The arable and improved grassland habitat is of little national or local significance, and based on this survey is of low ecological value. The hedgerows and taller rank grassland areas are of moderate ecological value and could be used by reptiles and ground nesting birds.
Fauna
The initial survey of the fauna within the site has revealed only common mammal species such as rabbit, pigeon, blackbird etc. There is no evidence that badgers, dormice, reptiles or amphibia use the site, although the rank
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 21 grassland and hedge margins are considered to potentially represent foraging and basking habitat for reptile species such as slowworm (Anguis fragilis) and common lizard (Zootoca vivipara). Grass snakes are unlikely to be present due to a lack of water bodies close by.
As previously discussed the site interior has few features of interest for roosting bats, but the linear features such as hedgerows and trees are commonly used by commuting and foraging bats. The mature trees along the site boundaries, and in particular oak, ash and sycamore, have features which may be used by roosting bats during the summer months, such as cracks, cavities, flaking bark and dense ivy cover.
The site offers reasonable habitat for a range of birds, a number of which are of conservation concern. The scrub areas, hedgerows and trees present within the site are considered to provide potential habitat for nesting and nest‐ building birds, including potential for ground nesting birds within the taller rank grassland and marginal vegetation.
The rank grassland and tall ruderal vegetation are suitable for foraging and hibernating reptiles. Reptiles are protected against intentional killing and injuring, sale and transport for sale under the Wildlife and Countryside Act 1981 (as amended).
Natural England states that activities such as site investigations, site clearance and movements of machinery may breach this legislation by causing death or injury to reptiles (English Nature, 2004).
EVALUATION OF THE LIKELY IMPACTS OF DEVELOPMENT
IDENTIFICATION OF POTENTIAL IMPACTS
The following sections identify the potential impacts of the proposed development on the valued ecological resources, during construction and operation, prior to the implementation of the mitigation measures.
Construction
Construction impacts are defined as those impacts that result from the construction activities of the proposed development and associated activities.
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 22
Such impacts include ground clearance, temporary compounds, access roads, traffic movements, soil storage areas and noise and dust generation.
Impacts related to habitat loss and fragmentation from the construction of the site and its permanent presence in the countryside are considered as operational impacts.
Operations
The operational impacts of the proposed new buildings will include the permanent loss of an area of arable and improved grassland in addition to a section of hedgerow with mature trees. These habitats are of moderate ecological value and so the impact is assessed as moderate adverse and of minor significance. The additional planting and habitat enhancements as proposed will be sufficient to offset this impact. All existing hedgerows and trees will be kept intact where possible.
No aquatic habitats will be directly impacted by the proposed development, and it is unlikely that there will be any significant pollutant runoff from the site as all poultry waste within the sheds is cleared and disposed of offsite in between crops.
Designated Sites
No designated sites are likely to be directly impacted during the construction phase as works will be contained within the farm site and the buffer strips along the site margins will be maintained. There is a possible indirect impact of noise and dust generation on adjacent habitats, this impact is likely to be minimal if best working practices are adopted.
HABITATS
Potential construction impacts include physical loss of habitats, disturbance to habitats, temporary severance and fragmentation of habitat (depending on land required for construction and access), potential for pollution and leachate from the construction materials and construction activities.
Construction impacts on all habitats resulting from dust generation or pollution incidents are likely to be temporary and would not extend significantly beyond
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 23 the boundary of the site. Normal best practice construction methods would suppress dust and reduce the potential risk of pollution therefore the potential impact is considered to be neutral.
The proposed location of the site compounds and any material storage areas should not extend into more important habitats, notably the mature trees and hedgerows.
It is anticipated that some mature trees and hedging will need to be removed to facilitate the development and provide access to the site compound and working areas.
Trees not being removed could be damaged or killed during construction unless root protection areas (RPA) are maintained in accordance with BS 5837:2005 ‘Trees in relation to construction’.
The construction impact on the adjacent habitats and wildlife sites is likely to be slight adverse, notably due to noise, dust, light and other disturbance.
The hedgerows recorded within the survey area are not protected under the Hedgerow Regulations Act (1997).
FAUNA
Birds
The trees, hedges, scrub and improved grassland habitats within the site are suitable habitats for nesting or nest building birds, including ground nesting birds. All birds, their nests and eggs are protected under the Wildlife and Countryside Act 1981 (as amended).
Potential construction impacts include disturbance to birds nesting in these habitats during site clearance, the loss and fragmentation of habitat resulting in lower carrying capacity for bird populations, and disturbance to feeding (e.g. machine noise during construction).
Standard best practice dictates all vegetation clearance will be undertaken after early August and before the end of February in advance of the main construction works and outside of the main bird nesting season. Direct disturbance impacts to breeding birds are therefore unlikely.
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Breeding birds using the habitats immediately surrounding the working corridor may experience noise disturbance during the construction phase. This impact is likely to be a minor negative.
The proposed new buildings are unlikely to reduce the number or diversity of bird species within the site or cause a loss of foraging habitat, the number of nesting sites will be reduced through loss of hedging and trees, however nesting boxes will be used to supplement existing habitats.
The bird assemblage within the site and the wider landscape is of medium conservation importance with good numbers of medium to high conservation value species likely to be present. The impact on birds will vary depending on species affected.
Bats
A number of mature trees are within close proximity to the proposed new buildings and have the potential to be used by roosting and commuting bats.
Impacts on bats which could occur during construction include killing and injury to bats using tree roosts as a result of any tree felling and the detrimental effects caused by artificial lighting required during construction and operations.
No known bat roosts will be affected by the proposals however the loss of any mature trees or intact hedgerows may have a minor negative impact on commuting, foraging and roosting bats, with common species such as Pipistrelle and Brown Long‐Eared bats being the most likely affected. A pre‐ works inspection of the trees and hedgerows is recommended prior to works commencing.
Badgers
No evidence of badger activity was noted, however badgers may use the woodland to the west of the arable field for foraging. Badgers are protected by the Protection of Badgers Act (1992) and the Wildlife and Countryside Act 1981 (as amended), Schedule 6. Under the Wildlife and Countryside Act it is illegal to intentionally kill, capture, injure or ill‐treat any badger.
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Under the Protection of Badgers Act it is an offence to obstruct, destroy or damage a badger sett or disturb badgers within a sett, with any works which will contravene this legislation requiring prior licensing from Natural England. In the event that a badger sett is encountered the following stand‐off advice should be adopted;
• use of tracked vehicles within a distance of 30m; • use of wheeled vehicles within a distance of 20m; and, • use of hand tools within a distance of 10m.
Reptiles
The areas of rank grassland and tall ruderal vegetation are suitable for foraging reptiles such as common lizard, grass snake and slow worm. The bottom of hedging is also suitable for slow worm and grass snakes.
Reptiles are protected against intentional killing and injuring, sale and transport for sale under the Wildlife and Countryside Act 1981 (as amended). Natural England states that activities such as site investigations, site clearance and movements of machinery may breach this legislation by causing death or injury to reptiles (English Nature, 2004).
MITIGATION
Mitigation in the present context relates to the retention and protection of the peripheral hedgerows, mature trees and some of the tall ruderal marginal vegetation. These areas are considered important habitat links and wildlife corridors in a local and wider landscape context and they will provide a valuable habitat for wildlife.
The retention and protection of these areas would reduce the overall impact of the proposed development to minor adverse and the longer term impacts would be considered neutral with no residual effects.
GENERAL MITIGATION MEASURES
The mitigation measures as proposed will be delivered through a Construction Ecological Management Plan (CEMP) for the site (as good practice recommended by the IEEM) and through good design of the site layout and landscape.
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To assist in the delivery of these measures, the CEMP will be developed in collaboration with the developer and the contractor for the proposed development (when appointed).
The CEMP will include maintenance and monitoring programmes to be implemented during the construction and post construction phases of the proposed development.
The following good practice mitigation measures will be included in the CEMP:
• Construction method statements will be produced for each of the key ecological issues on the site and staff would be made aware of the issues.
• All construction works will be undertaken within the pre‐defined working areas, and any changes to the construction methodology or changes in the area of works would be discussed with a qualified ecologist prior to any such changes.
• All vegetation clearance on the site will be undertaken outside the bird nesting season, with the removal of any trees and hedgerows after the end of August and completed before the end of February. If any vegetation clearance was required outside this season, any such areas would be checked for nesting birds before clearance.
• Standard pollution prevention measures will be put in place including measures such as preventing dust by damping down bare ground and ensuring fuel is stored in bunded tanks.
• The Environment Agency PPG1 and PPG6 guidance on General Guide to the Prevention of Pollution and Working at Construction and Demolition Sites will be adhered to throughout the construction of the Proposed Development.
SITE SPECIFIC MITIGATION
Site Clearance
The following method statement is based upon professional experience and good practice methods of survey and mitigation for breeding birds and other wildlife. It clearly describes the procedures which should be put in place to
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 27 avoid significant disturbance to these species during the proposed development.
The method statement comprises four key areas:
protection and avoidance of unintentional disturbance and destruction of known and potential habitat for protected species;
pre‐clearance survey and habitat modification of grassland, hedgerows and trees
construction staff briefing; and
detailed emergency procedures should protected species be found.
Protection and Avoidance of Disturbance
If possible, it is proposed that operations within the working area would preferably be started outside of the breeding season to minimise the risk of disturbance to breeding birds that have already commenced nesting. Once the vegetation is cleared birds are unlikely to start nesting within the working area.
However, in order to avoid accidental harm to nesting birds, a 10m buffer zone will be marked around each nest using high visibility fencing to ensure that the nest is not disturbed, damaged or destroyed whilst in use.
If any ground nesting birds are found to be nesting within the working area during the pre‐inspection survey or clearance, a 50m standoff from the nest will be marked out and observed, within which no operational activity would be permitted until the breeding attempt had concluded.
Follow‐up bird surveys of the working area would be carried out to monitor nest sites and use of nest boxes during the breeding season. The working area would be clearly identified through consultation with an ecologist.
Pre‐clearance Survey and Habitat Modification
Rough grassland surrounding the working areas will be strimmed to make the habitat less suitable for reptiles and ground nesting birds.
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In addition, artificial and natural refugia within the working areas would be hand‐searched for the presence of reptiles prior to commencement of works.
The proposed location of the site compounds and any material storage areas would not extend into more important habitats, notably the hedgerows, mature trees and badger setts along the southern boundary.
As a matter of course any open trenches should be covered at the end of the working day and a 45° exit ramp of soil or wood should be installed to enable any animal that may fall into any excavations to escape.
Construction Staff Briefing
The site manager and other relevant staff undertaking site clearance and construction works would be briefed on the possible presence of protected species in the area. Staff would be provided with information relating to the legislation (See Appendix 3) which protects species and habitats and briefed on the procedures to prevent disturbance or destruction of individuals or their habitats.
Staff would also be briefed on the emergency procedures to be implemented should protected species be found during the clearance and construction works. Prevention measures and emergency procedures are outlined below.
Contingency Procedures
In the event that breeding birds or other protected species are found during the works the following procedures would be followed:
An appropriately qualified ecologist would be contacted immediately and all work in the vicinity should cease until the ecologist has been able to make an assessment of the situation.
If nesting birds are found within the working area following commencement of works, a buffer zone would be marked around the nest using high‐visibility fencing and the nest subsequently monitored by an ecologist to ensure that the nest is not disturbed, damaged or destroyed by operations.
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Hedgerows and Buffer Strips
Buffer strips‐ As linear features field margins are important corridors for the movement of fauna, field margins are important over‐wintering habitats for many insects, birds and small mammals. Extending and maintaining grass margins at the field margins will act as a buffer strip to runoff, sediment transport and pollutants. The recommendation for vegetated buffer strips is:
At least 3m wide along the field margins and 5m along the edges of the woodland to the west of the arable field. Composed of perennial grasses and other non‐weedy herbaceous species Avoid use of pesticides and fertilizers in this area Allow build‐up of dead grass material (essential for successful nesting) Top the vegetation every 2‐3 years to avoid scrub encroachment.
Hedgerow management‐ Good hedgerow management will support an abundance of insects and provide habitat for a range of birds and mammals, and supply of food for some species throughout the year. The management of the field margins next to the hedge is also critical for a wide range of species.
A variety of boundary types also provides habitat for a wider diversity of wildlife. Some birds such as partridges and yellowhammers prefer short hedgerows (<2m) with grass margins, bullfinches and doves prefer wide hedgerows (>4m).
A dense hedge base provides good habitat and helps with weed control. Thick, dense cover at the base of a hedge is important to protect nesting birds from predation, gives additional habitat for small mammals and insects and, once established, prevents weed species such as nettles and thistles from smothering the hedge and affecting the adjoining buffer strip.
General Hedge Management‐
Aim to maintain a variety of hedge heights and widths to provide the best range of habitat. Trim in January or February to avoid destruction/disturbance of birds’ nests (March to August). Trim on a two or three year rotation rather than annually to boost the berry crop and insect population. Avoid trimming all hedges in the same year. Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 30
Consider allowing small hedges to grow out gradually by leaving an additional few centimetres in height and width at each cut. Ground cover at the hedge base should be retained over‐winter for ground nesting birds.
Hedge Restoration and Creation‐
Sympathetic rotational trimming generally keeps hedgerows in good condition for many years, but occasional restoration work is necessary to prevent gaps developing or hedges turning into a line of trees. Hedgerow restoration can be done in the winter by one of the following methods;
Coppicing (cutting stems at ground level) is the best method of restoration where the hedge is too overgrown to be laid because the stems are too thick. Laying (cutting stems part way through and interweaving them along the hedge line) has a less drastic effect on wildlife and maintains the character of the landscape, but requires skilled labour. Both coppicing and laying may reduce nesting opportunities for some birds in the few years immediately after management and should therefore be carried out on a long rotation rather than managing large sections in one year. Plant up gaps in hedgerows using species that are native to the area – use local sources of plants of original native stock where possible. Undertake any planting during winter, provided the ground is not frozen. The best time is early winter, when the ground is warm and some moisture is available. Planting up the gaps can be done in conjunction with coppicing existing plants to reduce competition for the young plants. Before planting, ensure the ground is free of vegetation, using glyphosate if necessary. Alternatively, plant through black polythene or a straw mulch to suppress weeds and reduce moisture loss. Weed control may be necessary for at least the following three years. It may be necessary to use plastic tubes, spirals, quills or rabbit netting to protect young plants from grazing rabbits or deer. Where hedgerow trees are a feature of the hedge, you should plan to replace mature or dead trees by allowing saplings of native species to be left untouched during trimming or by planting new trees.
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Retain old, dying and dead trees where they are not a hazard, as they support important insect communities and may be used by hole‐nesting birds. Where a hedge includes several hedgerow trees, establish buffer strips at least 5m wide on either side of the hedge to protect the roots from damage.
Mature Trees
As many mature trees as possible will be retained on the site. In order to compensate for the loss of any mature trees, five trees should be planted for every one tree removed (only native species will be planted).
Root protection areas (RPA) will be maintained on retained trees (RPAs to be calculated according to British Standard 5837:2005 Trees in relation to construction – recommendations) and activities on the site undertaken in accordance with BS 5837.
Any pruning of trees will be used to create log piles providing terrestrial invertebrate and reptile habitat. Any felled deadwood would be left along the site boundaries as it provides a specific habitat for deadwood invertebrates.
Mitigation for the removal of mature trees is not possible in the short to medium‐term. Planting saplings would not have the same biodiversity value for at least 100 years. At this age, trees start to develop the high ecological value features such as cracks/crevices that are suitable for bat roosts.
Saplings will be planted with the potential to become mature and enhance biodiversity in the future. These new trees will be planted, where possible, within hedgerows that connect with other adjacent hedgerows.
Birds
Birds – at present, the availability of nesting sites for woodland birds, especially species which utilise holes in trees, is moderate as there are a number of mature trees and hedges of sufficient size or age to have developed these features.
Landscaping and tree planting will provide new nesting spaces in time but in the short term will be of limited value to birds. To mitigate for the loss of
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 32 hedges, trees and ground nesting habitat and to increase nesting opportunities generally, nest boxes will be installed.
Birds – nest boxes: Installation of the nest boxes will be supervised by ‘Eco‐ Check Ltd’ or an experienced ecologist to ensure the correct positioning for each species. 25 bird boxes should be erected within the site and will cover a range of species and should include;
Cedarplus wooden boxes Schwegler 1B general nest boxes Wren roundhouse boxes Schwegler 1N deep nest boxes for robins Schwegler 2GR nest boxes Schwegler 2M bird boxes Schwegler No. 5 Owl boxes Schwegler treecreeper boxes
Bats
Bats‐ At present the availability of bat roosts within the site is limited. There are a small number of mature trees with features of interest to bats and the combination of hedgerows with trees are valuable to foraging and commuting bats.
The site operations may increase noise and light pollution which may further restrict use of the site by bats, although operations will generally be restricted to daylight hours.
Bat Boxes‐ To compensate for the loss of hedging and trees and disturbance of bat activity we recommend that a minimum of 15 bat boxes be erected within the site. To compensate for the potential disturbance, areas for bats to roost in should be created, the following are suggested;
Five ‘Schwegler 2F‐DFP’ bat boxes favoured by Daubenton’s bat and Nathusius pipistrelle;
Five ‘Schwegler 2FN’ bat boxes, particularly successful in attracting Noctule and Bechstein’s bats;
Five ‘Schwegler 2F’ bat boxes, these boxes are particularly attractive to the smaller British bats.
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These boxes are to be installed on mature trees within the site, ideally one on each elevation to provide the best variation in temperature, shelter and flight lines. If only one elevation is used this should be south‐east facing as this provides the most shelter and warmth.
Any new external lights will be set on a motion detector and positioned in such a way that they do not shine on the mature trees or any of the proposed bat box access points. Low intensity lighting should be used where possible in place of high intensity discharge or sodium lamps, this will minimize disturbance to foraging and commuting bats.
In accordance with the Bat Conservation Trust’s publication Bats and lighting in the UK (BCT, 2008) light pollution by artificial lighting will be kept to a minimum and light spillage avoided. The following specific mitigation will be put in place to minimise disturbance to bats caused by the lighting of the site:
Lights will be pointed away from trees with potential to contain bat roosts;
Lights will be pointed away from major bat flyways and foraging areas;
Screen planting will be wide and tall to maintain natural light conditions away from the road and the site;
Low or high pressure sodium lamps will be used instead of mercury or metal halide lamps;
The light will be directed only to where it is needed, for example, by the use of hoods;
The lighting levels will be as low as possible without compromising safety;
Buildings on the site that are unoccupied at night will be required to turn off lights after normal working/opening hours.
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RECOMMENDATIONS
Further Surveys
A detailed check of the mature trees and hedgerows should be undertaken immediately prior to removal to confirm the absence of roosting bats and nesting birds (if performed during the nesting season). No additional surveys are recommended other than pre‐construction checks of working areas.
Monitoring of Impacts
Monitoring will be carried out to assess the effectiveness of measures to mitigate ecological impacts. The monitoring requirements will be detailed in the CEMP as post‐construction activities, and will include:
Bat surveys to monitor the use of the bat boxes placed around the site:
Checking the use of bird boxes and monitoring annual nesting activity post construction;
Arboricultural surveys to monitor the state and health of all trees on the site, and replacing any ill‐health or dead trees or saplings for five years from the end of the construction.
Information from the monitoring will be used to review the effectiveness of the mitigation measures and to take remedial actions as necessary.
CONCLUSION
The value of the site interior, while not of particular ecological significance is influenced by its connection to the wider countryside and marginal habitats of greater ecological value. The main impact of the development is the permanent loss of a section of hedgerow and mature trees between the existing site and the new. There will also be a loss of an area of arable and improved grassland, but these areas are of limited ecological value.
Most of the vegetation within the site is of negligible ecological value in its own right. The plant communities are widespread and abundant and are of low species diversity. The hedgerows, trees and marginal vegetation are of moderate to high ecological value as a wildlife resource and should be
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 35 enhanced and protected as recommended. Consequently the magnitude of the long‐term impacts is low and its significance is considered negligible.
The short‐term impact of the development during clearance and construction works is likely to be more severe, if only because of the disturbance to animals, especially birds and bats, but possibly also to badgers and reptiles that may be present. Most of these species are likely to be found along the site margins.
Mitigation measures have been proposed to identify and protect the most vulnerable species and to minimize the detrimental effects on their habitat.
In summary, provided appropriate mitigation strategies are implemented and the area is subsequently enhanced and managed in an environmentally sensitive manner, as outlined in the recommendations, the overall impact of the development should be minimal and quality of the ecological resources should be enhanced.
Therefore, planning permission for this development should not be significantly constrained by ecological issues. Detailed ecological surveys to assess the baseline conditions and inform the impact assessment for the proposed development have been carried out in accordance with good practice guidelines.
The implementation of generic and species‐specific mitigation measures, compensations and enhancements to the habitats on the site, will significantly reduce the overall ecological impact of the proposed development from moderate adverse to slight adverse.
Enhancement measures such as the development of buffer strips along the field edges, traditional management of hedgerows, dedication of under‐ utilized areas of the arable field to create less intensively managed wildflower meadows and supplementing existing habitats could all help the site reach its ecological potential and create a valuable refuge for wildlife in an otherwise arable landscape.
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REFERENCES
DEFRA (2005) Fourth Quinquennial Review of Schedules 5 and 8 of The Wildlife and Countryside Act 1981. Department for Environmental, Food and Rural Affairs, London.
JNCC, (1993). Handbook for Phase 1 Habitat Survey: A technique for environmental audit (2007 reprint). Joint Nature Conservation Committee, Peterborough.
JNCC, (2006). Handbook for using the National Vegetation Classification. J.S.Rodwell, 2006 Joint Nature Conservation Committee.
Joint Nature Conservation Committee, 1998. Herpatofauna Worker’s Manual. JNCC Publications, Peterborough.
Bat Conservation Trust, 2007. Bat surveys – Good Practice Guidelines. Bat Conservation Trust, London.
Regini, K, 2000, Guidelines for ecological evaluation and impact assessment, In Practice: Bulletin of the Institute of Ecology and Environmental Management, 29, 1‐7.
Magic (2006) Site Check Report. www.magic.gov.uk
UK BAP website www.ukbap.org.uk/default.aspx
Natural England, Nature on the Map www.natureonthemap.org.uk
North and East Yorkshire Ecological Data Center, www.neyedc.org.uk
Yorkshire Wildlife Trust, www.ywt.org.uk
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APPENDIX 1
Site Location Map, Streetmap, 2010.
Site Location Map, Streetmap, 2010.
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APPENDIX 2
Species Recorded During Extended Phase 1 Survey Common Name Scientific Name Annual meadow grass Poa annua Apple Malus domestica Ash Fraxinus.sp Beech Fagus sylvatica Bindweed Calystegia sepium Blackthorn Prunus spinosus Bramble Rubus fruticosus Broadleaf dock Rumex obtusifolius Cleavers Galium aparine Cocks foot Dactylis glomerata Common nettle Urtica dioica Common ragwort Senecio jacobaea Cow parsley Anthriscus sylvestris Creeping buttercup Ranunculus repens Creeping thistle Cirsium arvense Daisy Bellis perennis Dandelion Taraxacum officinale agg. Dog Rose Rosa canina Elder Sambucus nigra False brome Brachypodium sylvaticum False oat‐grass Arrhenatherum elatius Forget‐me‐not Myosotis arvensis Goat willow Salix caprea Ground Ivy Glechoma hederacea Groundsel Senecio vulgaris Hawthorn Crataegus monogyma Hogweed Heracleum sphondylium Horsetail Equisetum.sp Ivy Hedera helix Lesser celandine Ranunculus ficaria Lesser stitchwort Stellaria graminea Nettle Urtica dioica Oak Quercus robur Perennial ryegrass Lolium perenne Red clover Trifolium pratense Red fescue Festuca rubra Ribwort plantain Plantago lanceolata Rosebay willowherb Chamerion angustifolium Smooth sow‐thistle Sonchus asper Spear thistle Cirsium vulgare Sycamore Acer pseudoplatanus White campion Silene latifolia White dead nettle Lamium album
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White Dutch clover Trifolium repens Wild garlic Allium ursinum Willow Salix sp. Yarrow Achillea millefolium Yew Taxus baccata Yorkshire fog Holcus mollis
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APPENDIX 3
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Legislation Affecting all UK bat species
Conservation (Natural Habitats, &c.) Regulations, as amended 2007
All UK bats are protected under Schedule 2 of the Conservation (Natural Habitats, &c.) Regulations, (1994), under regulation 38 which identifies European protected species on Annex IV of the act which are present in the UK and are listed on Schedule 2.
Regulation 39, covers the protection of wild animals of European protected species and states that a person commits an offence if he (a) deliberately captures, injures or kills any wild animal of a European protected species;(b) deliberately disturbs wild animals of any such species in such a way as to be likely significantly to; affect the ability to survive, breed, or rear or nurture their young; or the local distribution or abundance of that species;(c) deliberately takes or destroys the eggs of such an animal; or (d) damages or destroys a breeding site or resting place of such an animal.
From 2007 the removal of the defense in regulation 40 that covered acts which were the incidental result of a lawful operation and could not have been reasonably avoided (commonly known as the “incidental result defense”) will mean there is now no defense to the strict liability offence of damaging or destroying a breeding site or resting place of any bat. Anyone who commits this offence, even by accident, will now be open to prosecution. The amendments also remove the defense of deliberate disturbance and damaging or destroying a breeding site or resting place in a dwelling house in relation to a bat in the living area of a dwelling house, these defenses only applied where the appropriate nature conservation body had been notified of the action.
Where there is no exact equivalent offence in the Habitats Regulations, all UK bats are still protected for certain offences under the Wildlife & Countryside Act, 1981. Section 9(4) states that it is an offence to intentionally or recklessly (a) damage or destroy any structure or place which such an animal uses for shelter or protection, and (b) to disturb any such animal while it is occupying a structure or place which it uses for shelter or protection, and (c) obstruct access to any structure or place which any such animal uses for shelter or protection.
Countryside & Rights of Way Act, 2000 Section 74
Bats are protected under section 74 of the Countryside and Rights of Way Act (2000) which lists UK species that are of principal importance for the purpose of conserving biological diversity in accordance with the Rio Convention on Biological Diversity. All bats are also a UK Biodiversity Action Plan Priority Species meaning that there are localand national action plans to protect populations and also policy guidelines to ensure that development schemes do not affect the integrity of bat populations.
When is a license required?
Under regulation 44 of the Conservation (Natural Habitats, &c.) Regulations, (1994), Natural England has the power to issue licences. Anyone wishing to undertake works/activities that would affect any bat and would involve any of the following; capture, disturbance, transport and/or damage/destroy the breeding sites or resting places of bats, must obtain a licence.
For European protected species that receive all elements of protection in Regulation 39 of the Conservation (Natural Habitats, &c.) Regulations, (1994) and Section 9 of the Wildlife and Countryside Act 1981, it is not only the animals themselves that are protected but also
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 52 their habitat. A license is therefore required for all activities that may damage the habitat or impede their use of certain parts of the habitat. No license is required if the proposed activity is unlikely to result in an offence.
Offence of breaching licence conditions (Regulation 46A)
The licensing system (as set out in regulation 44) allows activities that would otherwise constitute offences against any bat, to be carried out within the law. A licence may be granted if the activities proposed meet the strict derogation tests. One of the tests requires that there is no detrimental effect on the favourable conservation status of the protected species concerned as a result of the licensed activity. This test is usually met by adding conditions to the licence which set out mitigation measures. It is now an offence to not comply with the conditions of the licence. However, there is a defence available where all reasonable precautions have been taken and matters were beyond the licensee‟s control.
When is mitigation required?
For species protected under the Habitat Regulations as well as those that receive protection against intentional killing, injury or sale under the Countryside & Wildlife Act, a level of mitigation and compensation is required when development is permitted on their habitat. Often there is a need to enhance habitats on site or nearby, in advance of capture and exclusion activities.
Penalties and forfeiture
A person found guilty of an offence under the Conservation (Natural Habitats, &c.) Regulations, (1994), regulation 39 is liable on summary conviction to a fine not exceeding £5000 and /or the possibility of a custodial sentence of up to six months. Where an offence was committed in respect to more than one bird, nest, other animal, plant or other thing the maximum fine which may be imposed under that subsection shall be determined as if the person had been convicted of a separate offence in respect of each bird, nest, egg, animal or thing. The court by which any person is convicted of an offence under this part may order the forfeiture of any vehicle or other thing which was used to commit the offence.
Legislation relating to reptiles
Legislation Affecting the Grass Snake (Natrix natrix)
Wildlife & Countryside Act, 1981
The Grass snake appears on the Schedule 5 list of species other than birds specially protected under of the Countryside and Wildlife Act (1981) and Section 9(1) states that it is an offence to intentionally or recklessly kill, injure or take any animal included in Schedule 5.
The Grass snake is also a UK Biodiversity Action Plan Priority Species meaning that there are local and national action plans to protect populations and also policy guidelines to ensure that development schemes do not affect the integrity of Grass snake populations.
Ecology of the Grass snake
The grass snake is Britain's largest terrestrial reptile and reaches sizes of over 1m. This snake is typically olive-green, brown or greyish in colour, with a variable row of black bars along the sides, occasionally with smaller round markings along the back in double rows. The underside is off-white or yellowish with dark triangular or rectangular markings. Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 53
The grass snake is an aquatic species that is usually closely associated with water. They are found in habitats featuring ponds, lakes, streams, marshes and ditches, which provide access to sunshine for basking and plenty of shelter. They may be found in open woodland, rough grassland, wet heathlands, gardens, parks and hedgerows
This snake is found in lowland areas of Britain. It is widespread and common in some areas of the south and south east of England, is absent from Scotland and becomes rare in central Wales
Legislation Affecting the Common Lizard (Lacerta vivipara)
Wildlife & Countryside Act, 1981
The Common lizard appears on the Schedule 5 list of species other than birds specially protected under of the Countryside and Wildlife Act (1981) and Section 9(1) states that it is an offence to intentionally or recklessly kill, injure or take any animal included in Schedule 5.
The Common lizard is also a UK Biodiversity Action Plan Priority Species meaning that there are local and national action plans to protect populations and also policy guidelines to ensure that development schemes do not affect the integrity of Common lizard populations.
Ecology of Common Lizard
The viviparous or common lizard is smaller (13-15cm) than the related sand lizard (Lacerta agilis), and is extremely variable in colour. Typically, the upper-surface is brownish, with lines of darker markings passing along the back, which are often bordered with white or yellow. Males have a yellow/orange spotted underside, whereas females have a yellow underside with no spots. In England, breeding tends to occur in April and May.
Found in a variety of habitats, it prefers open sunny areas. It tends to occur in dry areas, but also frequents wet heaths. Main habitats include commons, moorland, heaths, sea cliffs, dry stone walls and embankments
This species is widespread throughout Britain and this species is not currently threatened.
Legislation Affecting the Slow Worm (Anguis fragilis)
Wildlife & Countryside Act, 1981
The Slow worm appears on the Schedule 5 list of species other than birds specially protected under of the Countryside and Wildlife Act (1981) and Section 9(1) states that it is an offence to intentionally or recklessly kill, injure or take any animal included in Schedule 5.
The Slow worm is also a UK Biodiversity Action Plan Species of Conservation Concern meaning that there are local and national action plans to protect populations and also policy guidelines to ensure that development schemes do not affect the integrity of Slow worm populations.
Ecology of the Slow Worm
The slow worm is a legless lizard, and is often mistaken for a snake. This species is the most commonly seen reptile in Britain. Adults have a smooth, shiny appearance, and a grey
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 54 or bluish belly. Females are brown, copper coloured or red on the back, with brown or black sides. Males vary in colour, they can be greyish, brown, copper or reddish-brown, and typically do not have stripes. Occasionally, individuals may have blue spots, a feature that is more common amongst males than females.
The slow worm is found in a wide range of open habitats, it tends to take refuge under stones, planks of wood or sheets of corrugated iron in the sun, rather than basking. They are commonly found in gardens and compost heaps, where food is plentiful and the rotting plant material creates warm conditions
Slow worms are widespread throughout Britain, but most common in the south and east of England. This species is not currently threatened in Britain.
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 55
APPENDIX 4
PLATE 1‐RECENTLY CUT ARABLE GRASSLAND FIELD
PLATE 2‐ VIEW ACROSS ARABLE FIELD FROM EAST TO WEST
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 56
PLATE 3‐EXISTING WOODEN POULTRY HOUSES
PLATE 4‐CONCRETE HARDSTANDING AND EXISTING ACCESS
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 57
PLATE 5‐MATURE BOUNDARY TREES ALONG NORTHERN BOUNDARY OF ARABLE FIELD
PLATE 6‐INTACT SPECIES POOR HEDGEROW BETWEEN ARABLE FIELD AND GRAZED FIELD
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 58
PLATE 7‐SHORT IMPROVED GRASSLAND SURROUNDING POULTRY HOUSES
PLATE 8‐GRAZED GRASSLAND WITHIN ADJACENT FIELD
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 59
PLATE 9‐TALL RUDERAL VEGETATION ALONG WESTERN WOODLAND BOUNDARY
PLATE 10‐TALL RUDERAL VEGETATION ALONG FIELD MARGINS
Eco‐Check Consultancy Ltd, Ecological and Protected Species Survey at Mowbray Farm, Sandhutton, Thirsk, North Yorkshire, YO7 4RX Page 60