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Land off Billing Brook Road, Northampton Ecological Appraisal

For Maber

June 2019

Executive House, Avalon Way, Anstey, Leicestershire, LE7 7GR

Tel: 0116 234 8000

Email: [email protected]

www.wyg.com creative minds safe hands Land Off Billing Brook Road, Northampton : Ecological Appraisal

Document Control

Project: Billing Brook Road, Northampton Client: Maber Job Number: A113752 File Origin: \\lds-dc-vm-002\Group Ecology\Projects\Projects A113000 on\A113752 Billing Brook Road, Northampton\REPORTS

Version 1 June 2019 FINAL Richard J Penson MCIEEM

Prepared by: Project Ecologist

Tamsin Clark MCIEEM Checked By: Associate Ecologist Elizabeth Sanders MCIEEM Verified By: Principal Ecologist

Version: Date: Updated by: Verified by: Description of changes:

WYG Environment Planning Transport Ltd. accept no responsibility or liability for the use which is made of this document other than by the Client for the purpose for which it was originally commissioned and prepared.

Maber i June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Contents

1.0 Executive Summary ...... 1 2.0 Glossary ...... 3 3.0 Introduction ...... 4 3.1 Background ...... 4 3.2 Site Location ...... 4 3.3 Development Proposals ...... 4 3.4 Purpose of the Report ...... 4 4.0 Methodology ...... 5 4.1 Desk Study ...... 5 4.2 Field Surveys ...... 5 4.3 Limitations ...... 8 5.0 Baseline Conditions ...... 9 5.1 Designated Sites ...... 9 5.2 Habitats ...... 10 5.3 Protected & Notable ...... 11 5.4 Importance of Ecological Features...... 15 6.0 Relevant Planning Policy & Legislation ...... 16 6.1 Revised National Planning Policy Framework ...... 16 6.2 Biodiversity 2020: A strategy for England’s Wildlife & Ecosystem Services ...... 17 6.3 Local Biodiversity Action Plan ...... 18 6.4 Northampton Local Plan ...... 19 6.5 Legislation ...... 21 7.0 Discussion ...... 22 7.1 Designated Sites ...... 22 7.2 Habitats ...... 22 7.3 Protected & Notable Species ...... 24 8.0 Summary ...... 28 8.1 Designated Sites ...... 28 8.2 Habitats ...... 28 8.3 Protected & Notable Species ...... 28 10.0 References ...... 30

FIGURES Figure 1 – Site Location Plan Figure 2 – Phase 1 Habitat Plan

Appendix A – Report Conditions Appendix B – Key Legislation Appendix C – Relevant Desk Study Data Appendix D – Target Notes

Maber ii June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

1.0 Executive Summary

Contents Summary

Site Location Land off Billing Brook Road, Northampton SP 794 644. The site occupies 0.8Ha and currently supports amenity grassland with scattered planted trees, tree stumps, and scrub of low biodiversity value. There are residential buildings to the east and south, Billing Brook Road to the west, and more amenity grassland and mature trees to the north.

Proposals The development proposals are for residential development of five bungalows with soft landscaping to include a sensory garden. A mature oak tree and most of the peripheral mature trees will be retained within the final proposals.

Existing Site WYG are not aware of any previous survey work carried out on this site. Information

Scope of this An extended Phase 1 habitat survey including an assessment of the Survey(s) potential ecological receptors present on site, identifying any constraints they pose to future development, informing proposals and recommending any further surveys, avoidance, mitigation or enhancement measures that are needed.

Results • The nearest Natura 2000 sites are 3.6km to the south; • No SSSIs are located within 2km of the site but there are two LNRs and seven Wildlife Sites; • One mature oak tree has potential historical as well as ecological value; • The remaining habitats are common and widespread and assessed as species-poor; • Amphibians, reptiles, badgers, otter, water vole and dormouse are considered likely to be absent; • Three trees have moderate suitability to support roosting bats, and the site has low suitability for commuting and foraging bats; • Potential for nesting birds; • Low site value for invertebrates; • Hedgehogs present in the wider landscape (data search), foraging habitat present on site; • Significant potential for biodiversity gain on this site.

Recommendations • Liaison with the LPA is recommended as the site falls within the 10km consultation zone for the Upper Nene Valley Gravel Pits SPA. • Further bat surveys are recommended for two trees currently scheduled for removal (target notes TN4 and TN5, Figure 2). • The mature oak tree and other mature trees wherever possible will be retained and the root systems protected; • Removal of woody vegetation (scrub close to the eastern boundary) to take place outside the bird nesting season, or be preceded by a nesting bird check;

Maber 1 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

• Implement sensitive lighting scheme to retain dark corridors in and around the site for foraging / commuting bats; • Use locally native trees and in the soft landscaping scheme; • Holes and trenches to be covered over at night or else an escape route provided to prevent hedgehogs becoming trapped Enhancement Recommendations: • Use herbs of proven biodiversity value in the sensory garden; • Invert soil profile in the sensory garden area to bury nutrient-rich topsoil; • Use fungicide to kill off the honey fungus to prevent infection of newly planted trees and shrubs; • Install bat and bird nest boxes on the retained mature trees and planted trees once of sufficient height and girth; • Install bee and bug “hotels” in the sensory garden; • Hedgehog houses could also be installed within the sensory garden. The results of this survey will remain valid for a period of 18 months; beyond this period, if development has not commenced, an update habitat assessment and invasive species survey is recommended.

Maber 2 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

2.0 Glossary

Badger Act Protection of Badgers Act 1992 BCT Bat Conservation Trust BoCC Bird(s) of Conservation Concern CIEEM Chartered Institute of Ecology & Environmental Management CRoW Act Countryside and Rights of Way Act 2000 DEFRA Department for the Environment, Food and Rural Affairs EcIA Ecological Impact Assessment ECoW Ecological Clerk of Works EIA Environmental Impact Assessment EMMP Ecological Mitigation and Management Plan EPS European Protected Species EPSL European Protected Species Licence GCN Great Crested Newt Habitat Regulations Conservation of Habitats and Species Regulations 2017 (as amended) HAP Habitat Action Plan Hedgerow Regulations Hedgerow Regulations 1997 HPI Habitat(s) of Principal Importance HRA Habitats Regulations Assessment JNCC Join Nature Conservation Committee LERC Local Ecological Record Centre LBAP Local Biodiversity Action Plan LNR Local Nature Reserve LPA Local Planning Authority LWS Local Wildlife Site MCIEEM Member of Chartered Institute of Ecology & Environmental Management Natura 2000 site A European site designated for its nature conservation value NE Natural England NERC Act Natural Environment and Rural Communities Act 2006 NNR National Nature Reserve NPPF National Planning Policy Framework PEA Preliminary Ecological Appraisal PWS Potential Wildlife Site RPR Rare Register RSPB Royal Society for the Protection of Birds PWS Potential Wildlife Site SAC Special Area of Conservation SAP Species Action Plan SNCO Statutory Nature Conservation Organisations SPA Special Protection Area SPI Species of Principal Importance SSSI Site(s) of Special Scientific Interest VC Vice County W&CA Wildlife & Countryside Act 1981 (as amended)

Maber 3 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

3.0 Introduction 3.1 Background

WYG was commissioned by Maber on 15 th June 2019 to undertake an Ecological Appraisal of the site known as Land off Billing Brook Road, Northampton.

This report has been prepared by Richard Penson MCIEEM and the conditions pertinent to it are provided in Appendix A.

3.2 Site Location

The ‘site’ is located to the east of Billing Brook Road, east of the A43 (Lumbertubs Way) and south of the A5076 in the Boothville District of Northampton. It is centred at Ordnance Survey National Grid Reference SP 794 644. It comprises amenity grassland with planted broadleaved trees and shrubs. It is surrounded by residential housing in the wider area, with a further area of mown amenity grassland to the north. The site location is shown on Figure 1; with habitats within the site shown on Figure 2.

3.3 Development Proposals

The development proposals include residential housing (five bungalows up to 5.5m ridge height) but also a sensory garden and tree planting. It is proposed to retain a mature oak tree, and the mature trees around the site peripheries. A small amount of native scrub is scheduled for removal close to the eastern boundary of the site.

3.4 Purpose of the Report

The purpose of this report is to complete:

• A desk study to obtain existing information on statutory and non-statutory sites of nature conservation interest and relevant records of protected/notable species within the site and its zone of influence; • An extended Phase 1 habitat survey, involving a walkover of the site to record habitat types and dominant vegetation, including any invasive species, and a reconnaissance survey for evidence of protected fauna or habitats capable of supporting such species; • An assessment of the potential ecological receptors present on site, identify any constraints they pose to future development and (if possible) any recommendations for any further surveys, avoidance, mitigation or enhancement measures that are needed (as appropriate).

Note that scientific names are provided at the first mention of each species and common names (where appropriate) are then used throughout the rest of the report for ease of reading.

A summary of the key legislation is also provided in Appendix B.

Maber 4 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

4.0 Methodology 4.1 Desk Study

4.1.1 Previous Reports WYG are not aware of any previous surveys concerning this site.

4.1.2 Local Ecological Records Centre Information was requested from the Northamptonshire LERC in June 2019 for information on any nature conservation designations and protected or notable species records within 1 km of the site.

The data search covered:

• Statutory designated sites for nature conservation, namely SACs, SPAs, Ramsar sites, SSSIs, NNRs and LNRs; • Non-statutory designated sites for nature conservation, namely LWS; • Legally protected species, such as great crested newts (GCN) Triturus cristatus , badger Meles meles and bats; • Notable habitats and species, such as those listed as Habitats or Species of Principal Importance (HPIs or SPIs); and, • Priority habitats or species within the Northamptonshire LBAP.

The data search did not cover:

• Tree Preservation Orders (TPOs); or • Conservation Areas designated for their special architectural and historic interest.

4.1.3 Local Species Recorders The following local species recorder groups were also contacted for any relevant records that they held:

• Northamptonshire Bat Group

Note that relevant extracts from the desk study are provided in Appendix C, as appropriate.

4.1.4 Online Resources A search for relevant information was also made on the following websites:

• MAGIC www.magic.gov.uk - DEFRA’s interactive, web-based database for international statutory designations within 20km, and information on any EPSL applications that have been granted since 2015.

4.2 Field Surveys

The following methodologies have been used to identify the ecological receptors present on or near the site, which are relevant to the proposed development.

Maber 5 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

4.2.1 Habitats An extended Phase 1 habitat survey was undertaken on the site on Tuesday 18 th June 2019 by WYG Project Ecologist Richard Penson MCIEEM. The weather conditions were warm with hazy sunshine, 15°C and Force 2 westerly winds.

The vegetation and broad habitat types within the site were noted during the survey in accordance with the categories specified for a Phase 1 Vegetation and Habitat Survey (JNCC, 2010). Dominant plant species were recorded for each habitat present using nomenclature according to Stace (2019). The site was also appraised for its suitability to support notable flora, with regard to the Guidelines for Preliminary Ecological Appraisal (CIEEM, 2017).

4.2.2 Protected & Notable Species The site was inspected for evidence of, and its potential to support, protected or notable species, especially those listed under Schedule 2 of the Habitat Regulations, Schedule 5 of the W&CA , the CRoW Act, those given extra protection under the NERC Act, and species included in the Northamptonshire LBAP.

Great Crested Newt The site was appraised for its suitability to support GCN. The assessment was based on Guidance outlined in the Herpetofauna Workers’ Manual (Gent & Gibson, 2003) and the Great Crested Newt Conservation Handbook (Langton, Becket & Foster, 2001).

Bats

Roosting Bats – Trees There are no buildings or other built structures within the site. All of the trees on site were assessed from the ground for their suitability to support breeding, resting and hibernating bats using survey methods based on the BCT Bat Surveys for Professional Ecologists: Good Practice Guidelines (Collins, 2016) – hereafter referred to as the ‘BCT Guidelines’. The following system has therefore been used to categorise the bat roost suitability of any features found:

Table 1 Categories of Bat Roost Suitability (BCT Guidelines)

Suitability Typical Roosting Features

Negligible Negligible habitat feature on site likely to be used by roosting bats. Low A structure with one or more potential roost sites that could be used by individual bats opportunistically. However, these potential roost sites do not provide enough space, shelter, protection, appropriate conditions and/or suitable surrounding habitat to be used on a regular basis or by larger numbers of bats (i.e. unlikely to be suitable for maternity or hibernation). A tree of sufficient size and age to contain potential roost features but with none seen from the ground or features seen with only very limited roosting potential. Moderate A structure or tree with one or more potential roost sites that could be used by bats due to their size, shelter, protection, conditions and surrounding habitat but unlikely to support a roost of high conservation status (with respect to roost type only – the assessments in this table are made irrespective of species conservation status, which is established after presence is confirmed).

Maber 6 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Suitability Typical Roosting Features

High A structure or tree with one or more potential roost sites that are obviously suitable for use by larger numbers of bats on a more regular basis & potentially for longer periods of time due to their size, shelter, protection, conditions and surrounding habitat.

Foraging/commuting Bats The BCT Guidelines use the following criteria to categorise the potential value of habitats and features for use by foraging and commuting bats and these have been used to characterise the value of this site:

Table 2 Categories of Habitat Suitability (BCT Guidelines)

Suitability Typical Foraging & Commuting Features

Negligible Negligible habitat features on site likely to be used by commuting or foraging bats. Low Habitat that could be used by small numbers of commuting bats such as a gappy hedgerow or unvegetated stream, but isolated, i.e. not very well connected to the surrounding landscape by other habitat. Suitable, but isolated habitat that could be used by small numbers of foraging bats such as a lone tree (not in a parkland situation) or a patch of scrub. Moderate Continuous habitat connected to the wider landscape that could be used by bats for commuting such as lines of trees and scrub or linked back gardens. Habitat that is connected to the wider landscape that could be used by bats for foraging such as trees, scrub, grassland or water. High Continuous high-quality habitat that is well connected to the wider landscape that is likely to be used regularly by commuting bats such as river valleys, streams, hedgerows, lines of trees and woodland edge. High-quality habitat that is well connected to the wider landscape that is likely to be used regularly by foraging bats such as broadleaved woodland, tree-lined watercourses and grazed parkland. Site is close to and connected to known roosts.

Reptiles The site was appraised for its suitability to support reptiles. The assessment was based on guidance outlined in the Herpetofauna Workers’ Manual (Gent & Gibson, 2003).

Badgers The site was surveyed for evidence of badger setts or other badger activity such as paths, latrines or signs of foraging. Methodologies used and any setts recorded were classified according to published criteria (Harris, Cresswell & Jefferies, 1989).

Hazel Dormice The site was surveyed for its suitability to support hazel dormice Muscardinius avellanarius . The assessment was based on guidance outlined in Bright, Morris and Mitchell-Jones (2006).

Maber 7 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Other Species The site was also appraised for its suitability to support other protected or notable fauna including mammals, amphibians, birds and invertebrates with regard to the Guidelines for Preliminary Ecological Appraisal (CIEEM, 2017) and BS42020:2013 Biodiversity – Code of Practice for Planning and Development (BSI, 2013). Evidence of any current or historical presence of such species was recorded.

4.2.3 Invasive Species The site was searched for evidence of invasive plant species, such as Japanese knotweed Reynoutria japonica (formerly Fallopia japonica ), Indian (Himalayan) balsam Impatiens glandulifera , giant hogweed Heracleum mantegazzianum, wall Cotoneaster horizontalis and rhododendron Rhododendron ponticum × Rhododendron maximum. A full list of all invasive plant species is provided in Appendix B.

4.3 Limitations

The optimal period to undertake an extended Phase 1 habitat survey is April-September. The survey was completed in mid-June which is within the optimal survey window. As such this is not considered to be a limitation to the accurate assessment of the habitats as the dominant species of the respective vegetation types were visible and identifiable at the time of the survey.

It was not possible to access all of the land within a 50m buffer for evidence of badgers due to large areas of private gardens. However, given the lack of any breaches beneath garden fences it is not considered likely that badgers would be present in these areas. This lack of access is therefore not considered to be a limitation to the badger assessment.

Evidence of tree removal was present on site at the time of the survey with the stumps remaining. It was not possible to identify the species of these stumps as there was no regrowth present.

To determine presence or likely absence of protected species usually requires multiple visits at suitable times of the year. As a result, this survey focuses on assessing the potential of the site to support species of note, which are considered to be of principal importance for the conservation of biodiversity with reference to those given protection under UK or European wildlife legislation. This report cannot therefore be considered a comprehensive assessment of the ecological interest of the site. However, it does provide an assessment of the ecological interest present on the day the site was visited and highlights areas where further survey work may be recommended.

The details of this report will remain valid for a period of 18 months from the date of the survey (i.e. until December 2020), after which the validity of this assessment should be reviewed to determine whether further updates are necessary. Note that the recommendations within this report should be reviewed (and reassessed if necessary) should there be any changes to the red line boundary or development proposals upon which this report was based.

Maber 8 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

5.0 Baseline Conditions 5.1 Designated Sites

The following designated sites of ecological importance have been identified within 2 km of the site.

Table 3 Designated Sites Within 2 km

Distance & Designation Site Name Summary of features Direction

PWS Crestwood Billing 0.3 km south- A section of brook between two roads Brook east and two ponds. The brook is heavily shaded and is mainly lacking aquatic vegetation. The wooded banks of the brook hold a reasonable number of woodland species. PWS North Billing Brook 0.3 km north- A small pond/lake on the Billing Brook Lake east surrounded by trees and shrubs, much of it willow Salix sp. scrub and wet willow woodland. PWS Talavera East 0.3 km north An area of regularly mown grassland adjacent to a busy road, with some areas of unmown areas and scattered trees. LWS Billing Arbours 0.5 km south A broadleaved woodland in urban Northampton with 10 ancient woodland indicator species. LNR Lings Wood 0.7 km east Mature woodland regenerating naturally, pond (Kingfisher Lake), scrub and acidic grassland. LWS Lings Way Meadow 0.8 km south- A mixture of acid and neutral grassland east species which qualify it as an LWS, with 6 acid grassland and 10 neutral grassland indicator species recorded. PWS Booth Rise North 0.9 km north- An area of unmanaged grassland in a west hollow and on sloping ground beside a large roundabout. Grasshoppers abundant. PWS Coleman Leys 1.0 km north- The eastern arm is a valuable woodland east habitat, with three ancient woodland indicators. The south arm is a recreation area and the western arm is a narrow band of trees over a dry arm of the brook. LNR Crowfields Common 1.6 km north Neutral grassland with ridge and furrow features, mature hedgerows and trees There are no SSSIs or any other statutorily designated sites within 2 km of the site.

Maber 9 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

In addition to the above designations, the nearest Natura 2000 site is:

• The Upper Nene Gravel Pits SPA / Ramsar Site, approximately 3.6 km to the south of the site and designated for its non-breeding populations of waterfowl. This is the only internationally designated site within 20km.

5.2 Habitats

The following habitats have been identified through our assessment, with detailed Target Notes included in Appendix D, as appropriate:

5.2.1 Broad-leaved Scattered Trees This habitat occurs as individual planted trees around the site margins with mature trees along all but the east side. Many of the trees along the eastern side had been felled and removed from the site, leaving stumps. Some of these were dead although the root stock of others had survived with young re-growth up to 1 m in height. The species mix included both locally native and non-native species.

One dead stump had become infected with honey fungus Armillaria mellea . This is a common fungus and a plant pathogen, capable of killing tree roots and those of perennial . This is mapped as target note TN3 on Figure 2.

A mature pedunculate oak Quercus robur occurs in the south-west quadrant of the site. It had a trunk girth exceeding 1 m and predates the development on the surrounding land. It was estimated to be around 300 years old and had been pollarded in the long past. This is shown as TN2 on Figure 2.

5.2.2 Coniferous Scattered Trees This habitat did not occur within the site but on adjacent land and was composed entirely of Scot’s pine Pinus sylvestris .

5.2.3 Scattered Scrub The scrub within the site was considered to be bird-sown and involved hawthorn Crataegus monogyna and elder Sambucus nigra underneath and adjacent to existing mature trees. This included some scrub adjacent to previously felled trees close to the eastern boundary of the site which is understood to be scheduled for removal.

5.2.4 Introduced This habitat occurred as a discrete patch, outside but directly adjacent to the site and was dominated by immature firethorn Pyracantha sp. This is not an invasive species.

5.2.5 Amenity Grassland This was the dominant habitat within the site and is periodically mown. It is composed of typical lawn species with some ruderal plants considered typical of nutrient enriched soil. The ratio of grasses to herbs is approximately 80/20. There were a few instances of fly-tipped materials within the grassland including grass clippings and fencing panels. These appeared to be of relatively recent origin.

Maber 10 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

5.2.6 Buildings There are no buildings within the site although there is extensive residential development to the east, south and south-west and light commercial premises to the west beyond Billing Brook Road. The majority of the adjacent buildings were at least two-storeys in height, had tiled roofs and wooden soffit boards.

5.3 Protected & Notable Species

5.3.1 Great Crested Newts The nearest EPSL found for GCN is 2.4 km north-west and consists of four licenses. The most recent was from October 2017 and all four are for the destruction of a resting place.

The desk study returned no records of GCN within 1 km of the site in the last ten years. However, there are records of common frog Rana temporaria , common toad Bufo bufo and smooth newt Lissotriton vulgaris from garden ponds and other locations approximately 1km from the site but separated from it by extensive built development and busy roads.

There are no waterbodies within the site, the nearest ponds are a series of three small lakes along the Billing Brook. The closest of these is 300 m north-east of the site and 400 m to the south; both being separated from the site by an extensive area of houses and other built development. Billing Brook is not considered suitable as amphibian breeding habitat as it is running water.

As there is no suitable breeding habitat within the site and no connectivity with potentially suitable breeding habitat within the wider landscape; it is considered unlikely that any amphibians occur within the site. The grassland is also periodically mown which reduces the suitability of the terrestrial habitat. The fly-tipped materials on site (grass clippings and wood) appeared to be of recent origin and were therefore considered unlikely to support amphibians.

Amphibians, including GCN are considered likely to be absent from the site, and will not be discussed further in this report.

5.3.2 Reptiles The desk study found no reptile records within 1 km of the site in the last ten years.

The habitat quality within the site is not considered optimal for reptiles due to periodic mowing to a very short sward height. The site also experiences frequent human disturbance as well as dogs and cats.

The dumped materials on site (grass clippings and wood) appeared to be of recent origin and were therefore considered unlikely to support reptiles.

Considering the site has been surrounded by built development since the 1970s (Tracey Thomson, Community Regeneration Officer, pers. comm.) and there is no habitat connectivity to suitable habitats in the wider area, it is considered very unlikely that reptiles would occur on site.

Reptiles are considered likely to be absent and will not be discussed further within this report.

Maber 11 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

5.3.3 Bats The nearest EPSL found for bats was 1.8 km south-east of the site. This was for the destruction of a soprano pipistrelle Pipistrellus pygmaeus roost in November 2011.

The desk study returned records of five bat species plus pipistrelle bats not differentiated to species level (this being the most frequent with 19 records), however, only three were post 2000; all of them relating to roosts within residential properties within 1 km of the site and dating from 2005, 20-07 and 2008. Four of the historical records also involved roosts, dating from the late 1980s and 1990s.

• Both records of common pipistrelle Pipistrellus pipistrellus were of grounded individuals recorded in 2000 and 2001 in Lumbertubs approximately 1 km south of the site. • Of the four records of brown long-eared bat Plecotus auritus , only two were post-2000, a roost within Great Billings Church from 2014; approximately 1 km south-east of the site; the other record was of a foraging individual over Lings Meadow, 1 km east of the site. • The record of barbastelle Barbastellus barbastellus was from 2014 and was of a foraging individual over Thorplands Lake, approximately 1 km south-east of the site. • The single record of noctule Nyctalus noctula was foraging over Lings Meadow, approximately 1 km south-east, in 2009. • The only record of Daubenton’s bat Myotis daubentonii is a historical one dating from 1983 of an individual foraging bat, also approximately 1 km away from the site

There are no buildings within the site. Many of the surrounding houses have wooden soffit boards and it is considered possible that there are pipistrelle Pipistrellus species roosts located in the surrounding housing estate.

All of the planted trees were assessed as being too immature to have any features suitable for roosting bats.

Two dead trees within the site (a Swedish whitebeam Sorbus intermedia TN4 and another, species unknown – TN5) had areas of loose bark approximately 3m up the tree. Both trees are assessed as being of low bat roost suitability and are considered most likely to be used as summer roosts (see Photos, Appendix D).

The mature oak tree (TN2) had damage to a minor limb where it had been broken, probably by the wind with a minor split in a limb (which was approximately 10cm in girth). It was not possible to see from the ground how far into the limb the split extended, but it appeared to be of relatively recent origin (i.e. within 2019). This tree is of an age where further potentially suitable bat roost features could be present but hidden by the canopy foliage. It is therefore assessed as being of moderate bat roost suitability.

The green space within the site does provide potential bat forging habitat although not of exceptional quality due to the intensive management of the grassland limiting the numbers of invertebrates. It is also of very small size, being only 0.8Ha in extent. Rather, it forms one of a series of stepping-stones of bat foraging habitat within an urban landscape.

It can be argued that alternative and better quality bat foraging habitat occurs within the wider landscape, such as mature woodland at Billing Arbours, approximately 500m south of the site; a

Maber 12 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

woodland strip alongside the A5076, approximately 250m north of the site; and the valley of the Billing Brook, approximately 250m east of the site at its closest point.

The site itself is considered to offer Low suitability to commuting and foraging bats, and Low suitability for roosting bats.

5.3.4 Badger The desk study returned three badger records within 1 km of the site, with the most recent being February 2016, 0.9 km north-west of the site.

No evidence of badgers was found within the site or on adjacent land within 50m (where access allowed). There is no suitable cover to conceal any setts and the whole area experiences extensive human disturbance, including from dog walkers.

As the site is now surrounded by built development, it is considered extremely unlikely that badgers would colonise the site.

Badgers are considered likely to be absent from the site and will not be considered further within this report.

5.3.5 Hazel Dormice The desk study found no dormouse records within 1 km of the site in the last ten years.

The site is considered unsuitable for hazel dormice due to the low structural diversity of the woody vegetation, very scattered nature of the shrub layer and low tree / shrub species diversity. Those on site would offer a glut of food for a short period in autumn and nothing for the remainder of the year. Moreover, the site is now isolated / fragmented from more suitable habitat by large areas of urban development and busy roads.

It is considered extremely unlikely that hazel dormice would be present and this species is not considered further in this report.

5.3.6 Otter & Water Vole The desk study found no otter Lutra lutra or water vole Arvicola amphibious records within 1 km of the site in the last ten years.

This is a dry site and has no suitable habitat for either water vole or otter. The closest running water to the site is Billings Brook, approximately 250m away. Neither species are considered further in this report.

5.3.7 Birds The desk study returned records of 113 bird species within 1 km of the site in the last ten years. Many of these species are waterfowl, waders and raptors (birds of prey) for which there is no suitable habitat within the site.

Species of bird provided by the data search and which may potentially use the site and are amber or red-listed birds of conservation concern (BoCC) include swift Apus apus , house martin Delichon urbicum , grey wagtail Motacilla cinerea , dunnock Prunella modularis , starling Sturnus vulgaris and

Maber 13 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

thrush species including song thrush Turdus philomelos , mistle thrush Turdus viscivorus , and redwing Turdus iliacus . The redwing receives legal protection through listing on Schedule 1 of the W&CA although this only applies to breeding birds. The records for redwing from the data search were all from the non-breeding season and therefore considered wintering or migrating birds.

No evidence of nesting birds was found during the site visit although goldfinch Carduelis carduelis and house sparrow Passer domesticus were recorded foraging on the site. Swifts were recorded flying over. The trees and shrubs do provide some potential for nesting common and widespread bird species.

5.3.8 Invertebrates The desk study returned records from 52 species of NERC Act listed invertebrates within 1 km of the site, these consisted of two butterfly species (small heath Coenonympha pamphilus and wall Lasiommata megera ) and 50 moth species. The largest number of moth records was for cinnabar Tyria jacobaeae (45) followed by grey dagger Acronicta psi (38). Both of these species may potentially use the site’s open grassland and scrub.

The respective larval food plants for all four of the above species occur within the site; however, they are also abundant within the wider landscape, including domestic gardens.

Two species of common and widespread bumble bee species were recorded on the site on the day of the survey, both nectaring from white clover Trifolium repens . These comprised red-tailed bumblebee Bombus lapidarius and buff-tailed bumblebee Bombus terrestris .

A single male banded demoiselle damselfly Calopteryx splendens was observed flying around the site. There is no suitable breeding habitat within the site for this species and it is considered that it was a stray from the Billing Brook approximately 250m to the east.

The mature oak tree (TN2) has potential to support a range of associated invertebrates, possibly including purple hairstreak butterfly Neozephyrus quercus . However, this tree had only a very small amount of deadwood present.

The two dead trees included Swedish whitebeam Sorbus intermedia (TN4) which is a non-native species and therefore not considered to be of especial value to dead wood invertebrates. The other dead tree (species unknown) TN5 was immature of very narrow trunk width (i.e. less than 0.1m girth) and likewise was not considered to be of significant invertebrate value.

The limited floral diversity and regular management (mowing) of the grassland indicates that this habitat within the site is unlikely to be of significant value to rare or notable invertebrates.

5.3.9 Invasive Species No invasive species were recorded from either the site or within 30m where access allowed. No records of any such species were returned through the data search within 1km of the site either.

5.3.10 Other Species The data search returned eleven records of European hedgehog Erinaceus europaeus within 1km of the site; one of them being described as a juvenile indicating a breeding population. The habitats

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within the site are considered suitable for foraging hedgehogs although there did not appear to be any potential hibernation habitat or other refugia.

Ten records of county-notable plants were returned through the data search; however, given the respective localities, at least some of these are considered to have either been planted (Scot’s pine Pinus sylvestris , box Buxus sempervirens ) or cultivated varieties of native species (stinking hellebore Helleborus foetidus and heather Calluna vulgaris ). The remaining six notable plants were recorded from LNRs and Wildlife Sites and habitats within the site are not considered suitable for them.

The Records Centre did not return records of any other notable or protected species within 1km of the site and no notable or protected plants were recorded during the survey.

5.4 Importance of Ecological Features

In line with the CIEEM PEA Guidelines, and based on the above baseline information, each ecological feature recorded within the study area is considered to have the following importance, using the Methodology as defined in Section 4 of the CIEEM EcIA Guidelines (2018):

Table 4 Importance of Ecological Features

Feature Importance Rationale

Natura 2000 sites International Internationally designated sites Lings Wood LNR County Local Nature Reserve with LBAP habitats Crowfield Common LNR County Local Nature Reserve with LBAP habitats Seven LWS / PWS County Local Wildlife Sites / Potential Wildlife Sites with LBAP habitats, supporting locally notable species Mature oak tree Local Of potential historical as well as ecological value Other planted trees Negligible Many are non-native species of low biodiversity value; a common habitat locally Scattered scrub Negligible Native species but low diversity and small amount scheduled for removal Amenity grassland Negligible Species-poor and intensively managed, a common habitat locally Bats Unknown Peeling bark and split limbs present providing bat roost suitability. Further survey recommended Nesting birds Unknown Not considered likely to be significant given the site location and habitats present Hedgehog Unknown Known to be present in the wider landscape, including gardens. Suitable foraging habitat on site but no evidence identified. Invertebrate assemblage Negligible Common and widespread species recorded; apart from the mature oak tree, the habitats are not considered likely to support notable species Either: International (incl. European) / National / Regional / County / Local / Negligible

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Feature Importance Rationale Or: Unknown (i.e. further surveys/information needed)

The potential for the proposals to have adverse or beneficial impacts on these features, along with the need for any mitigation or enhancement measures are discussed in detail below.

6.0 Relevant Planning Policy & Legislation 6.1 Revised National Planning Policy Framework

A revised NPPF was issued on 19 th February 2019 (Ministry of Housing Communities and Local Government, 2019) and currently supplements government Circular 06/2005, Biodiversity and Geological Conservation: Statutory Obligations and their Impact within the Planning System (Office of the Deputy Prime Minister, 2005).

Circular 06/2005 states that the presence of protected species is a material consideration in the planning process. Paragraph 170 of the NPPF also states that:

‘Planning policies and decisions should contribute to and enhance the natural environment by:

a) protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan)

b) recognising the intrinsic character and beauty of the countryside, and the wider benefits from natural capital and ecosystem services – including the economic and other benefits of the best and most versatile agricultural land, and of trees and woodland

c) maintaining the character of the undeveloped coast, while improving public access to it where appropriate

d) minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures

e) preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability. Development should, wherever possible, help to improve local environmental conditions such as air and water quality, taking into account relevant information such as river basin management plans; and

f) remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate.

The conservation and enhancement of wildlife is also specifically reference re: development within the National Parks or the Broads.

Paragraph 174 then goes on to confirmed that:

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When determining planning applications, local planning authorities should apply the following principles:

a) if significant harm to biodiversity resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused;

b) development on land within or outside a Site of Special Scientific Interest, and which is likely to have an adverse effect on it (either individually or in combination with other developments), should not normally be permitted. The only exception is where the benefits of the development in the location proposed clearly outweigh both its likely impact on the features of the site that make it of special scientific interest, and any broader impacts on the national network of Sites of Special Scientific Interest;

c) development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists; and

d) development whose primary objective is to conserve or enhance biodiversity should be supported; while opportunities to incorporate biodiversity improvements in and around developments should be encouraged, especially where this can secure measurable net gains for biodiversity.

Regarding EcIA’s and HRA’s – any sites identified, or required, as compensatory measures for adverse effects on any Natura 2000/habitats site should also be given the same level as protection as the pSPA’s and cSAC’s themselves. In addition, when an application is being determined, Paragraph 177 clarifies that:

“The presumption in favour of sustainable development does not apply where the plan or project is likely to have a significant effect on a habitats site (either alone or in combination with other plans or projects), unless an appropriate assessment has concluded that the plan or project will not adversely affect the integrity of the habitats site. ”

Paragraph 180 is also relevant as;

Planning policies and decisions should also ensure that new development is appropriate for its location taking into account the likely effects (including cumulative effects) of pollution on health, living conditions and the natural environment, as well as the potential sensitivity of the site or the wider area to impacts that could arise from the development. In doing so they should: …

c) limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation.

6.2 Biodiversity 2020: A strategy for England’s Wildlife & Ecosystem Services

Biodiversity 2020 (DEFRA, 2011) replaces the previous UK Biodiversity Action Plan and sets national targets to be achieved. The intent of Biodiversity 2020, however, is much broader than the protection

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and enhancement of less common species and is meant to embrace the wider countryside as a whole.

The priority species and habitats considered under Biodiversity 2020 are the SPI & HPI detailed under NERC Act (see Appendix B for further details).

6.3 Local Biodiversity Action Plan

Local Biodiversity Action Plans (LBAPs) identify habitat and species conservation priorities at a local level (typically County by County) and are usually drawn up by a consortium of local Government organisations and conservation charities. Although they are no-longer managed at a national level many are still reviewed and updated at a local level.

The Northamptonshire LBAP (2015-2020) is the relevant document for this site and it contains the following Habitat & Species Action Plans:

Table 5 LBAP SAPs

Species Action Plans

Barn Owl Tyto alba Lichen Physcia clementii Black Hairstreak Butterfly Strymonidia pruni Lime-bark beetle Emoporus tiliae Black Poplar Populus nigra ssp betulifolia Nightingale Luscinia megarhynchos Plot’s Elm Ulmus plotii Palmate Newt Lissotriton helveticus

Table 6 LBAP HAPs

Habitats Action Plans

Arable Field Margins Lowland Mixed Woodland Eutrophic Standing Water Open Mosaic Habitats on Previously Developed Land Floodplain Grazing Marsh Ponds Hedgerows Reedbed Lowland Calcareous Grassland Rivers Lowland Dry Acid Grassland Traditional Orchard Lowland Fen Wet Woodland Lowland Heathland Wood-pasture and Parkland Lowland Meadow

It should be noted that the existence of a SAP or HAP does not always infer an elevated level importance for those features. These plans may be designed to encourage an increase in these habitats/species, rather than to protect a county-scarce feature (for example).

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6.4 Northampton Local Plan

On the 3rd April 2019, the Local Development Scheme (LDS) for Northampton was formally approved and implemented with immediate effect.

The Northampton Local Plan (part 2) has just finished a period of public consultation (ended June 14 th , 2019). The submission draft will shortly be made available to the Planning Inspector and sets out the vision and objectives for Northampton Borough until 2029. Chapter 10 concerns built and natural environment assets. Policies 23 to 25 are relevant to this development proposal:

• Policy 23 is concerned with: Sustaining and enhancing existing, and supporting the creation of Northampton’s green infrastructure ;

• Policy 24 is concerned with Providing open spaces ; and

• Policy 25 is concerned with Supporting and enhancing biodiversity

Policy 23: Northampton’s Green Infrastructure contributes to; “ the protection, conservation, enhancement, management of and net gain in biodiversity resources by reducing fragmentation and increasing and enriching species diversity ”.

Policy 24: “ all new housing developments of 0.2Ha or sites accommodating six dwellings or more will be required to contribute to open space provision ”.

Policy 25: “ The Borough accommodates a number of parks, open spaces and greenspaces, all of which are valuable natural and historic assets which contribute to the biodiversity of Northampton. The 2015 Northamptonshire Biodiversity Supplementary Planning Document provides guidelines for planning applicants, policy makers and decision makers within partner authorities when considering a proposal” .

“The Council will require major development proposals to conserve, enhance and increase the net gain for biodiversity ”.

Many of the policies of the Northampton Local Plan Saved Policies have been superseded by the West Northamptonshire Joint Core Strategy Local Plan Part 1 – Adopted 2017 . Below are the relevant policies:

Policy BN2: “ Biodiversity –

Development that will maintain and enhance existing designations and assets or deliver a net gain in biodiversity will be supported. Development that has the potential to harm sites of ecological importance will be subject to an ecological assessment and required to demonstrate:

• the methods used to conserve biodiversity in its design and construction and operation

• how habitat conservation, enhancement and creation can be achieved through linking habitats

• how designated sites, protected species and priority habitats will be safeguarded

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Development management decisions will reflect the hierarchy of biodiversity and geodiversity designations attaching appropriate weight to the status of the site which would be affected. In cases where it can be shown that there is no reasonable alternative to development that is likely to prejudice the integrity of an existing wildlife site or protected habitat appropriate mitigation measures including compensation will be expected in proportion to the asset that will be lost. Where mitigation or compensation cannot be agreed with the relevant authority development will not be permitted .”

Policy BN3: “Woodland enhancement and creation –

Measures to enhance and manage existing woodlands and create new woodlands in West Northamptonshire will be supported. Opportunities will be sought to create new woodland to buffer, extend and relink areas of ancient woodland which have become fragmented. The protection of aged or veteran trees outside ancient woodlands will also be supported. Development that would lead to further fragmentation or result in a loss of ancient woodland, aged and veteran trees will not be permitted unless the need for, and benefits of, the development in that location clearly outweigh the loss.

Woodland enhancement and creation along the Yardley Whittlewood ridge from the village of Yardley Hastings towards Towcester and Brackley will be prioritised in recognition of its importance to the character and biodiversity of West Northamptonshire.”

Policy BN4: “ Upper Nene Valley Gravel Pits Special Protection Area –

New development will need to demonstrate through the development management process that there will be no significant adverse effects upon the integrity of the Special Protection Area and Ramsar site and the species for which the land is designated including the loss of supporting habitat and impacts due to water runoff, water abstraction or discharges from the foul drainage system either as a direct result of the development alone or in combination.

New development will need to demonstrate that the impact of any increased recreational activity (indirect or direct) on the Special Protection Area and Ramsar site will not have a detrimental impact. Any development that will lead to an increase in recreational activity on the Special Protection Area will be required to include necessary mitigation including development of and implementation of habitat and access management plans. In order to protect sightlines for birds included within the Special Protection Area and Ramsar site designations, new development within a 250m zone of the Special Protection Area shown in Figure 7 of the Joint Core Strategy must undertake an assessment to demonstrate that it will not have a significant adverse effect on birds within the Clifford Hill Basin or, if directly adjacent to existing buildings, should reflect surrounding building heights .”

Policy BN8: “ The River Nene Strategic River Corridor –

The natural and cultural environment of the Nene corridor through the plan area, including its tributaries, will be enhanced and protected in recognition of its important contribution to the area's green infrastructure network, landscape, townscapes, regeneration, recreation and historic environment. Proposals for new development and habitat enhancement should demonstrate an understanding of the importance of the River Nene for biodiversity within and beyond the plan area .”

Policy S10: Sustainable Development Principles –

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… i) Protect, conserve and enhance the natural and built environment and heritage assets and their settings;

j) Promote the creation of green infrastructure networks, enhance biodiversity and reduce the fragmentation of habitats ;”

6.5 Legislation

Full details of the UK legislation and offences which are relevant to the ecological receptors identified are included in Appendix B. However, based on the findings of our assessment, it is considered that the proposals will need to consider the following legal provisions:

• Disturbance of nesting wild birds; • Disturbance to an EPS (bats); • Potential damage to a Natura 2000 Site (Nene Valley Gravel Pits SPA / Ramsar).

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7.0 Discussion 7.1 Designated Sites

7.1.1 Natura 2000 Sites No direct impacts are anticipated on the Upper Nene Valley Gravel Pits SPA / Ramsar Site due to the distance involved and the small-scale nature of the development.

However, as the Billings Brook site falls within the Upper Nene Valley Gravel Pits SPA 10 km consultation zone (Natural England, 2015) for any development that discharges to surface or ground water, consultation with the LPA is recommended to confirm any further assessment or mitigation is required.

7.1.2 Sites of Special Scientific Interest & Local Nature Reserves There are no SSSIs within 2 km of the site.

No direct impacts on the two LNRs are anticipated due to the distances involved. The proposed development entails the creation of five bungalows within the boundaries of the site. This is not considered to raise the local human population to such an extent that significant increased visitor usage of the LNRs (and LWS / PWS) would be experienced and cause damage to the habitats. Furthermore, both LNR’s are already equipped for visitors and as such additional pressures are considered unlikely as a result of development,

7.1.3 Local Wildlife Sites As above, no direct or indirect impacts are anticipated on the LWS / PWS as a result of the current development proposals and for the same reasons above for statutorily designated sites.

7.2 Habitats

None of the habitats on site are considered to qualify under the LWS criteria, nor are they considered to fit any of the LBAP HAP definitions. Apart from the single mature oak tree, none of the scattered trees are considered mature enough to qualify the habitats on site as “parkland”. The coniferous trees and introduced shrub outside the site will not be affected by the proposed development.

7.2.1 Mature Oak Tree The mature oak tree (TN2) will be retained and its root system protected during the proposed development. As a relic of the former land use before the surrounding housing estate was built, the tree is considered to be of potential historical as well as ecological value. From the trunk girth (c. 1.5 – 2 m), it is estimated as being between 300 and 400 years old. It is therefore not replaceable within a realistic timescale. It is not however considered to be a veteran tree.

No impacts are anticipated on this tree as a result of the proposed development (see Section 7.3 Bats and Invertebrates below).

7.2.2 Planted Broadleaved Trees The majority of these trees are not considered native in Northamptonshire or the UK and therefore only have limited biodiversity value. This is a common habitat locally within the urban and sub-urban

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landscape and the trees within the site are not considered to be of any significant age; although they do have amenity value. They can be easily replaced within 25 years, ideally with locally native species and their removal is not considered to cause any long-term biodiversity-related issues (but see Section 7.3 Bats and nesting Birds below).

However, it is recommended that mature trees are retained wherever possible within the final development. From the proposed development plan (Drawing No. NPH-MA-00-00-DR-L-40000), all living peripheral trees will be retained. It is understood that only two dead trees (TN4 and TN5) will be removed for health and safety reasons.

It is recommended that the soft landscaping includes locally native trees (and shrubs) for maximum biodiversity benefit. These could include field maple Acer campestre , hawthorn Crataegus monogyna , blackthorn Prunus spinosa , holly Ilex aquifolium , guelder rose Viburnum opulus , purging buckthorn Rhamnus catharticus and pedunculate oak. Willows, Salix spp., including ornamental varieties, will provide an early nectar resource for bumble bees and other early flying pollinators at a time when they would have left hibernation and are looking to regain body condition to found new colonies of their respective species.

To avoid potentially spreading ash die-back disease Hymenoscyphus fraxineus , the planting of ash saplings is not recommended. However, ash is present within the general area and it is expected that self-set seedlings would occur. Unless these are in an inappropriate area or else are obviously diseased, it is recommended that they are tolerated as ash has biodiversity benefits, especially to invertebrates.

One of the dead stumps along the eastern site boundary (see TN3 on Figure 1) has become infected by honey fungus whose mycelium (root system) can remain within the soil and potentially infect future trees planted in the same locality. It is recommended that when the stump is removed, it and the surrounding soil are treated with a fungicide to kill off the mycelium and render the area suitable for replanting without risk of future infection of newly planted trees or shrubs.

7.2.3 Scattered Scrub This habitat is a minor component of the site and is also a common habitat locally. It is composed of locally native species and has value to nesting birds and common invertebrates but is assessed as being of too small extent to be of significant value to foraging bats.

A small number of shrubs close to the eastern site boundary are scheduled for removal. Provided its loss is compensated for by additional planting (see above), the loss of this habitat should only be short-term and no significant long-term impacts of its loss are anticipated.

7.2.4 Amenity Grassland As with the other main habitats within this site, the amenity grassland is a common, not to say abundant habitat locally and contains typical species for a nutrient enriched neutral soil type. It is species-poor botanically and does not contain any notable plant species. Moreover, it is mown regularly which limits its value to invertebrates as potential larval food plants are cut and removed on a regular basis.

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The replacement of this habitat with a sensory garden containing wildlife friendly plant species and managed on a longer timescale is considered to be a significant biodiversity benefit, especially for pollinators such as bumble bees, solitary bees, hoverflies, butterflies and moths.

It has been noted that there is considered to be some degree of nutrient enrichment from former land use and / or the fly-tipping of garden waste such as grass clippings, as well as more diffuse sources such as nitrogen deposition from vehicles. It is considered probable that any new planting of herbs in such soil would be compromised if this was undertaken in the existing soil as it now stands. Nutrient-demanding ruderal species such as stinging nettle Urtica dioica , broad-leaved dock Rumex obtusifolius and thistles Cirsium spp. could take over to the detriment of the planted species in the sensory garden.

As such, it is recommended that for the sensory garden, a soil inversion takes place whereby the nutrient-poorer subsoil is brought to the surface and the nutrient enriched topsoil is buried to at least 1 m in depth. This will optimise conditions (as far as possible) for growing more sensitive herb species of proven biodiversity benefit. A recommended planting list can be provided on request, but the aim should be to provide a nectar resource for pollinators throughout their active season (March to October inclusive). Consideration could be given to producing an Ecological Mitigation and Management Plan and a recommended planting list of both woody and non-woody vegetation can be included within this.

7.3 Protected & Notable Species

7.3.1 Bats

Roosting Bats The mature oak tree (TN2) is considered to have Moderate suitability to support roosting bats. This tree will be retained, and the roots protected during the development process. Any lighting within the final development should be directed away from this tree, assuming this is possible, no further surveys are recommended for roosting bats in the oak tree. Two dead trees, TN4 and TN5 within the site (which are proposed to be felled due to health and safety considerations) are considered to be of Low suitability to support roosting bats. Further surveys are recommended in accordance with BCT (2016) to confirm the presence or likely absence of roosting bats. This will require a watching brief and careful removal of the peeling bark to check for the presence of roosting bats prior to the felling of the trees.

Any potential bat roosts within adjacent buildings or in any mature trees within the wider landscape will not be directly affected either. It is important that any lighting associated with the proposed development does not shine on these trees or on bat foraging / commuting routes around the site peripheries.

Placing artificial bat boxes on the mature oak tree (and other planted trees once sufficiently mature), will enhance the roosting possibilities of the site for bats.

Commuting and Foraging Bats Concerning foraging bats, the removal of the two dead trees (TN4 and TN5) is not considered to have any significant impact on foraging or commuting bats. The retention of the mature trees around the

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site peripheries will maintain a commuting route / foraging connection assuming that these areas are not illuminated during hours of darkness within the bat active season (April to October inclusive). the local bat population over the time that the development takes place and allowing for re-created woody vegetation to establish.

The site is not considered to be an integral bat foraging resource; rather one of many small links of such habitat within the urban / sub-urban landscape. The low flora species diversity indicates that the local bat population is unlikely to be reliant on the site alone as a foraging resource when there are better quality habitats within reasonable flying time of any roosts in the surrounding housing estate. Pipistrelle species are considered the most likely bat species to make use of the site as they have been recorded roosting in residential properties within 1 km of the site.

Bats may still use the peripheries of the site as a commuting route, linking other areas of greenspace within the wider urban / sub-urban landscape. In order to minimise light disturbance to foraging and commuting bats, a sensitive lighting scheme is recommended both during the construction phase of development and once the buildings have been created and are operational. This is to minimise light spillage onto the retained trees around the site perimeters.

Examples would include restricting working to daylight hours during the bat active season (April to October inclusive), directional lighting and/or low-level lighting columns approximately 1 m in height. Any security lighting can be linked to activity sensors which are only triggered by significant human movement and so are only illuminated when required.

Provided, as understood by the proposed development plan, that the peripheral trees will be retained and that a sensitive lighting scheme is incorporated; no further surveys are considered necessary for foraging or commuting bats.

It is considered that the planting of locally native trees and shrubs and more general wildlife-friendly planting within the soft landscaping scheme will be of medium to long term benefit to the local bat population through enhanced foraging habitat quality. By planting a wider variety of locally native trees and shrubs, this will attract a greater diversity of insects.

7.3.2 Birds There is potential for birds to nest in the planted trees (and shrubs / scrub). It is understood that the peripheral trees will be retained; however, a small amount of scrub close to the eastern boundary is scheduled for removal. It is recommended that this takes place outside the bird nesting season. The nesting season is considered to extend between March and September inclusive in any given year. If this is not possible, it is recommended that the trees / scrub be thoroughly checked for active bird nests by a suitably experienced ecologist prior to removal. It should be noted that some bird species, such as wood pigeon Columba palumbus and collared dove Streptopelia decaocto can nest at any time of year.

In the event that an active bird nest is found during works, the nest must stay in situ with an appropriate buffer zone implemented until all of the young have fledged and cease to return to the nest. The extent of the buffer zone will vary, depending on bird species but is typically 5 m radius from the nest site.

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The short term and temporary loss of the shrubs is considered likely to affect only a small number of common and widespread bird species through direct loss of nesting habitat. Potentially affecting some species of conservation concern such as song thrush or dunnock Prunella modularis . However, this is considered to only affect one breeding season and only affect a single or at most two pairs of any given species.

This short-term habitat loss will be compensated for in the medium to long term through the planting of locally native trees and shrubs to replace those lost and actually exceed the quantity and quality. The recommended planting list should include prickly species which will deter ground-based predators such as cats and also reduce human interference too. Better quality nesting and foraging habitat may well lead to improved fledging success.

As there is a current lack of natural holes and crevices within the existing trees, it is recommended that bird nest boxes are attached to the mature oak tree and to any retained trees around the site perimeter. They can also be attached to the planted trees within the soft landscaping scheme once they have achieved sufficient maturity. Planting herbs of proven biodiversity benefit within the sensory garden and around the newly planted woody vegetation will improve the quality of the bird foraging resource through encouraging a wider diversity of invertebrates than currently exists.

The Proposed buildings are considered to be too low in height (5 m, Greer Cooke in email dated 18 th June 2019) to be worth installing swift boxes as an enhancement as it is not considered likely that they would be used by swifts.

7.3.3 Invertebrates As the site currently exists, it is not considered to be of special value to invertebrates due to the low floral diversity.

Of the four notable species identified through consultation, wall brown is not considered likely to occur as the grassland does not seem suitable for egg-laying. This species has been affected by climate change impacting on larval survival and it has now become locally extinct in most of lowland England (East Midlands Butterfly Conservation Data 1970 to 2018). The larval food plants for small heath butterfly and cinnabar moth occur within the site; however, as the grassland is frequently mown, eggs and larvae would be frequently destroyed. Thus, it is considered unlikely that these notable species have sufficient time to complete their life cycles actually within the site. Cinnabar moth will also use Oxford ragwort Senecio squalidus as a larval food plant and this was present in the wider landscape in situations where it is not likely to be controlled. The larvae of the grey dagger moth are polyphagous, eating a wide variety of species, most of which are also common in the wider landscape.

Development of the site is not considered likely to have any significant impacts on the local populations of these four species.

Use of wildlife friendly herbs and other species within the soft landscaping and sensory garden and longer management timescales of these will significantly enhance the invertebrate diversity within the site. By creating a nectar resource that will be available throughout the invertebrate active season and creation of bee and bug “hotels” will benefit pollinators such as bumble bees and solitary bees and wasps. Relaxing the mowing regime elsewhere within the soft landscaping will allow butterfly and moth larvae to develop and complete their life cycles. Ragwort species within such an urban setting

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are not considered to affect livestock and should be tolerated as a nectar resource and as a food plant for cinnabar moths, this being a NERC Act S. 41 species).

7.3.4 Invasive Species The site does not seem to be at particular risk of fly tipping of invasive species and the material previously dumped on the site does not contain any such species. However, in the event that the proposed development is delayed by a period exceeding two years, an update invasive species check would be recommended to confirm the continued absence of invasive species from the site.

7.3.5 Other Species European hedgehogs are present in the wider landscape surrounding the site, including private gardens although no evidence was found within the site. Suitable foraging habitat exists and usage of the site by hedgehogs cannot be ruled out. It is recommended that all holes and trenches are either covered over at night or else a ready escape route (such as a plank of wood) is provided in the event that any animal falls in. The provision of locally native species will benefit hedgehogs in the long term through enhancement of foraging habitat. Consideration could be given to installing hedgehog houses within the sensory garden. Gaps should also be provided at the base of garden fences to allow hedgehogs to move between the site and the wider landscape.

It is not considered likely that any of the notable plants identified through consultation would occur within the site through lack of suitable habitat. The Scot’s pines on adjacent land have been planted and this species is not native to Northamptonshire.

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8.0 Summary 8.1 Designated Sites

• No impacts (direct or indirect) are anticipated on any designated sites within 1km of the site.

• Consultation with the LPA is recommended, as the site falls within the 10km consultation zone for the internationally designated Upper Nene Valley Gravel Pits SPA.

8.2 Habitats

• One mature pedunculate oak tree of potential historical and ecological value which is to be retained;

• Mature trees around the site peripheries which are to be retained;

• A small amount of scrub close to the eastern site boundary is scheduled for removal;

• Only common and widespread habitats present of low botanical diversity;

• Significant possibility for biodiversity gain through planting of locally native species within the soft landscaping, and species of proven biodiversity value within the sensory garden;

• It is recommended to treat the area of honey fungus with fungicide to prevent infection of new planted trees and shrubs;

• It is also recommended that the soil profile within the proposed sensory garden is inverted to bury the nutrient rich soil and expose nutrient-poor subsoil which will contain fewer undesirable plant and roots;

• Two dead trees require removal for health and safety reasons (see Bats section below).

8.3 Protected & Notable Species

• Roosting bats: the mature oak tree (TN 2, to be retained), and two immature dead trees: TN4 and TN5 (proposed for removal for health and safety reasons) are assessed as having Low suitability for roosting bats, supervised removal of features/soft felling is required;

• Foraging bats: The peripheral mature trees will be retained, and a sensitive lighting scheme is recommended during construction and operational phases of the development. On this proviso, no bat activity surveys are considered necessary;

• The site forms a small link within a chain of urban greenspace and will still be available to foraging bats once the development is complete

• Planting of locally native trees and shrubs will benefit foraging bats in the medium to long term;

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• Short term and temporary loss of breeding habitat for low numbers of nesting birds but this will be compensated for by additional planting;

• Recommended that scrub clearance is carried out outside the bird nesting season, or preceded by a nesting bird check;

• Bird nest boxes recommended on trees and shrubs;

• The site is not considered of especial value to invertebrates apart from the mature oak tree which is being retained;

• Medium to long term benefits to invertebrates through planting of locally native tree and shrub species and herbs (etc) of proven biodiversity value in the sensory garden;

• Installation of bee and bug “hotels” in sensory garden or soft landscaping areas.

• Coverage of any holes or trenches overnight to prevent hedgehogs from falling in; alternatively provide a ready escape route for them such as a plank of wood. Consider installing hedgehog houses.

• An update invasive species survey is recommended in the event that development is delayed by a period of two years or more.

Maber 29 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

10.0 References

• Bright, P.W., Morris, P.A. and Mitchell-Jones, A., (2006), Dormouse Conservation Handbook , 2nd Edition, English Nature: Peterborough.

• BSI Group, (2013), BS 42020 – a code of practice for biodiversity in planning and development , [online] Available at https://www.bsigroup.com/LocalFiles/en- GB/biodiversity/BS-42020-Smart-Guide.pdf , Accessed June 2019.

• CIEEM, (2017), Guidelines for Preliminary Ecological Appraisal , 2 nd Edition, CIEEM: Winchester.

• CIEEM, (2018), Guidelines for Ecological Impact Assessment , CIEEM: Winchester.

• Collins, J. (ed.), (2016), Bat Surveys for Professional Ecologists: Good Practice Guidelines , 3rd Edition, The Bat Conservation Trust: London.

• DEFRA, (2011), Biodiversity 2020: A strategy for England’s wildlife and ecosystem services , [online] Available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_d ata/file/69446/pb13583-biodiversity-strategy-2020-111111.pdf , Accessed June 2019.

• Eaton, M., Aebischer, N., Brown, A., Hearn, R. Lock, L. Musgrove, A., Noble, D. Stround, D. and Gregory, R. (2015) Birds of conservation concern 4: the population status of birds in the UK, channel islands and isle of man. British birds, 108:708-746.

• Gent, T. & Gibson, S. (2003). Herpetofauna Workers’ Manual. JNCC, Peterborough.

• Harris, S., Cresswell, P. and Jeffries, D., (1989), Surveying badgers. An occasional publication of the mammal society – No. 9 ., Mammal Society: London.

• JNCC, (2010), Handbook for Phase 1 Habitat Survey: A Technique for Environmental Audit, JNCC: Peterborough.

• Langton, T.E.S., Beckett, C.L. and Foster, J.P., (2001), Great Crested Newt Conservation Handbook , Froglife: Halesworth.

• Ministry of Housing Communities and Local Government, (2019), National Planning Policy Framework , [online] Available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_dat a/file/779764/NPPF_Feb_2019_web.pdf , Accessed June 2019.

• Natural England (2015). Upper Nene Valley Gravel Pits Special Protection Area: Supplementary Planning Document, Natural England, Peterborough.

• ODPM, (2005), Government Circular: Biodiversity and Geological Conservation – Statutory Obligations and their Impact within the Planning System, [online] Available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_dat a/file/7692/147570.pdf , Accessed June 2019.

Maber 30 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

• Oldham R.S., Keeble J., Swan M.J.S. and Jeffcote M., (2000), Evaluating the Suitability of Habitat for the Great Crested Newt ( Triturus cristatus ), Herpetological Journal , 10 (4), 143- 155.

• Stace, C., (2019), New Flora of the British Isles , 4 th Edition, C&M Floristics Middlewood Green, Suffolk.

Please note that the legislation which is relevant to this report is not included in the list above, but details are included in Appendix B below.

Maber 31 June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

FIGURES

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Figure 1 – Site Location Plan

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Figure 2 – Phase 1 Habitat Plan

Maber June 2019 A113752 Rev Date Notes A 26/06/19 Initial map production

Legend

Site boundary

!( A Amenity grassland Introduced shrub !( !( Buildings D D DD !( D !( D !( !( !( !(!( Hardstanding !? !( !( !( D Scattered scrub DD 4 !( !? D !( D !( !( !( Scattered tree (Broad-leaved) !( !? 5 !( !( Scattered tree (Coniferous) !( !( !? !( !( Dead standing tree !(!( D !? D !? Dead stump !( !( 3 !( !( !? !? !( !( 1 D Target note !? A D !? !( D !? D D !? !( D 6 A D !? !( D !( !? !? !? !? D !( !? !( !? !? !? !( !( !? D !? !( !( !? !? !? !( !( 2 !( DA !( !( 0 5 10 20 Metres F !( !( A A

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Appendix A – Report Conditions

This Report has been prepared using reasonable skill and care for the sole benefit of Maber (“the Client”) for the proposed uses stated in the report by WYG Environment Planning Transport Limited (“WYG”). WYG exclude all liability for any other uses and to any other party. The report must not be relied on or reproduced in whole or in part by any other party without the copyright holder’s permission.

No liability is accepted or warranty given for; unconfirmed data, third party documents and information supplied to WYG or for the performance, reliability, standing etc of any products, services, organisations or companies referred to in this report. WYG does not purport to provide specialist legal, tax or accounting advice.

The report refers, within the limitations stated, to the environment of the site in the context of the surrounding area at the time of the inspections'. Environmental conditions can vary and no warranty is given as to the possibility of changes in the environment of the site and surrounding area at differing times. No investigative method can eliminate the possibility of obtaining partially imprecise, incomplete or not fully representative information. Any monitoring or survey work undertaken as part of the commission will have been subject to limitations, including for example timescale, seasonal and weather-related conditions. Actual environmental conditions are typically more complex and variable than the investigative, predictive and modelling approaches indicate in practice, and the output of such approaches cannot be relied upon as a comprehensive or accurate indicator of future conditions. The “shelf life” of the Report will be determined by a number of factors including; its original purpose, the Client’s instructions, passage of time, advances in technology and techniques, changes in legislation etc. and therefore may require future re-assessment.

The whole of the report must be read as other sections of the report may contain information which puts into context the findings in any executive summary.

The performance of environmental protection measures and of buildings and other structures in relation to acoustics, vibration, noise mitigation and other environmental issues is influenced to a large extent by the degree to which the relevant environmental considerations are incorporated into the final design and specifications and the quality of workmanship and compliance with the specifications on site during construction. WYG accept no liability for issues with performance arising from such factors.

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Appendix B – Key Legislation

Bern Convention

The Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention ) was adopted in Bern, Switzerland in 1979, and was ratified in 1982. Its aims are to protect wild plants and animals and their habitats listed in Appendices 1 and 2 of the Convention and regulate the exploitation of species listed in Appendix 3. The regulation imposes legal obligations on participating countries to protect over 500 plant species and more than 1000 animals. To meet its obligations imposed by the Convention, the European Community adopted the EC Birds Directiv e (1979) and the EC Habitats Directive (1992 – see below). Since the Lisbon Treaty, in force since 1 st December 2009, European legislation has been adopted by the European Union.

Bonn Convention

The Convention on the Conservation of Migratory Species of Wild Animals or ‘Bonn Convention’ was adopted in Bonn, Germany in 1979 and came into force in 1985. Participating states agree to work together to preserve migratory species and their habitats by providing strict protection to species listed in Appendix I of the Convention. It also establishes agreements for the conservation and management of migratory species listed in Appendix II. In the UK, the requirements of the convention are implemented via the Wildlife & Countryside Act 1981 (as amended), Wildlife (Northern Ireland) Order 1985 (as amended), Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 and the Countryside and Rights of Way Act 2000 (CRoW).

Habitats Directive

The Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Fora, or the ‘Habitats Directive’, is a European Union directive adopted in 1992 in response to the Bern Convention. Its aims are to protect approximately 220 habitats and 1,000 species listed in its several Annexes. In the UK, the Habitats Directive is transposed into national law via the Conservation of Habitats and Species Regulations 2017 (as amended) in England and Wales, and via the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) in Northern Ireland.

Birds Directive

The EC Directive on the Conservation of Wild Birds (791409/EEC) or ‘Birds Directive’ was introduced to achieve favourable conservation status of all wild bird species across their distribution range. In this context, the most important provision is the identification and classification of Special Protection Areas (SPAs) for rare or vulnerable species listed in Annex 1 of the Directive, as well as for all regularly occurring migratory species, paying particular attention to the protection of wetlands of international importance.

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Conservation of Habitats and Species Regulations 2017 (as amended)

Regulations place a duty on the Secretary of State to propose a list of sites which are important for either habitats or species (listed in Annexes I or II of the Habitats Directive respectively) to the European Commission. These sites, if ratified by the European Commission, are then designated as Special Protection Areas (SPAs) within six years. Public bodies must also help preserve, maintain and re-establish habitats for wild birds. The 2018 amendments mainly related to the impact of the People Over Wind decision and some implications arising for neighbourhood plan development and a range of other planning tools including Local Development Orders and Permission in Principle – see here for full details: https://www.legislation.gov.uk/uksi/2018/1307/note/made The Regulations make it an offence to deliberately capture, kill, disturb or trade in the animals listed in Schedule 2, or pick, uproot, destroy, or trade in the plants listed in Schedule 5 - see below: Schedule 2 – European Protected Species of Schedule 5 – European Protected Species Animals of Plants Horseshoe bats Rhinolophidae - all species Shore dock Rumex rupestris Common bats Vespertilionidae - all species Killarney fern Trichomanes speciosum Large Blue Butterfly Maculinea arion Early gentian Gentianella anglica Wild cat Felis sylvestris Lady’s-slipper Cypripedium calceolus Dolphins, porpoises and whales Cetacea – all sp. Creeping marsh-wort Apium repens Dormouse Muscardinus avellanarius Slender naiad Najas flexilis Pool frog Rana lessonae Fen orchid Liparis loeselii Sand lizard Lacerta agilis Floating-leaved water plantain Luronium natans Fisher’s estuarine moth Gortyna borelii lunata Yellow marsh saxifrage Saxifraga hirculus Great crested newt Triturus cristatus Otter Lutra lutra Lesser whirlpool ram’s-horn snail Anisus vorticulus Smooth snake Coronella austriaca Sturgeon Acipenser sturio Natterjack toad Epidalea calamita Marine turtles Caretta caretta, Chelonia mydas, Lepidochelys kempii, Eretmochelys imbricata, Dermochelys coriacea Wildlife & Countryside Act 1981 (as amended)

This is the principal mechanism for the legislative protection of wildlife in the UK. This legislation is the chief means by which the ‘Bern Convention’ and the Birds Directive are implemented in the UK. Since it was first introduced, the Act has been amended several times. The Act makes it an offence to (with exception to species listed in Schedule 2) intentionally: • kill, injure, or take any wild bird;

• take, damage or destroy the nest of any wild bird while that nest is in use; or

• take or destroy an egg of any wild bird.

Or to intentionally do the following to a wild bird listed in Schedule 1:

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

• disturbs any wild bird while it is building a nest or is in, on or near a nest containing eggs or young; or

• disturbs dependent young of such a bird.

In addition, the Act makes it an offence (subject to exceptions) to: • intentionally or recklessly kill, injure or take any wild animal listed on Schedule 5;

• interfere with places used for shelter or protection, or intentionally disturbing animals occupying such places; and

• The Act also prohibits certain methods of killing, injuring, or taking wild animals.

Finally, the Act also makes it an offence (subject to exceptions) to: • intentionally pick, uproot or destroy any wild plant listed in Schedule 8, or any or spore attached to any such wild plant;

• unless an authorised person, intentionally uproot any wild plant not included in Schedule 8; or

• sell, offer or expose for sale, or possess (for the purposes of trade), any live or dead wild plant included in Schedule 8, or any part of, or anything derived from, such a plant.

Following all amendments to the Act, Schedule 5 ‘Animals which are Protected’ contains a total of 154 species of animal, including several mammals, reptiles, amphibians, fish and invertebrates. Schedule 8 ‘Plants which are Protected’ of the Act, contains 185 species, including higher plants, bryophytes and fungi and lichens. A comprehensive and up-to-date list of these species can be obtained from the JNCC website. Part 14 of the Act makes unlawful to plant or otherwise cause to grow in the wild any plant which is listed in Part II of Schedule 9. It is recommended that plant material of these species is disposed of as bio-hazardous waste, and these plants should not be used in planting schemes. Schedule 1 - Birds which are protected by special penalties Avocet Recurvirostra avosetta Osprey Pandion haliaetus Bee-eater Merops apiaster Owl, Barn Tyto alba Bittern Botaurus stellaris Owl, Snowy Nyctea scandiaca Bittern, Little Ixobrychus minutus Peregrine Falco peregrinus Bluethroat Luscinia svecica Petrel, Leach’s Oceanodroma leucorhoa Brambling Fringilla montifringilla Phalarope, Red- Phalaropus lobatus necked Bunting, Cirl Emberiza cirlus Plover, Kentish Charadrius alexandrinus Bunting, Lapland Calcarius lapponicus Plover, Little Ringed Charadrius dubius Bunting, Snow Plectrophenax nivalis Quail, Common Coturnix coturnix Buzzard, Honey Pernis apivorus Redstart, Black Phoenicurus ochruros Capercaillie Tetrao urogallus Redwing Turdus iliacus Chough Pyrrhocorax pyrrhocorax Rosefinch, Scarlet Carpodacus erythrinus Corncrake Crex crex Ruff Philomachus pugnax Crake, Spotted Porzana porzana Sandpiper, Green Tringa ochropus

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Crossbills (all Loxia Sandpiper, Purple Calidris maritima species) Curlew, Stone Burhinus oedicnemus Sandpiper, Wood Tringa glareola Divers (all species) Gavia Scaup Aythya marila Dotterel Charadrius morinellus Scoter, Common Melanitta nigra Duck, Long-tailed Clangula hyemalis Scoter, Velvet Melanitta fusca Eagle, Golden Aquila chrysaetos Serin Serinus serinus Eagle, White-tailed Haliaetus albicilla Shorelark Eremophila alpestris Falcon, Gyr Falco rusticolus Shrike, Red-backed Lanius collurio Fieldfare Turdus pilaris Spoonbill Platalea leucorodia Firecrest Regulus ignicapillus Stilt, Black-winged Himantopus himantopus Garganey Anas querquedula Stint, Temminck’s Calidris temminckii Godwit, Black-tailed Limosa limosa Swan, Bewick’s Cygnus bewickii Goshawk Accipiter gentilis Swan, Whooper Cygnus cygnus Grebe, Black-necked Podiceps nigricollis Tern, Black Chlidonias niger Grebe, Slavonian Podiceps auritus Tern, Little Sterna albifrons Greenshank Tringa nebularia Tern, Roseate Sterna dougallii Gull, Little Larus minutus Tit, Bearded Panurus biarmicus Gull, Mediterranean Larus melanocephalus Tit, Crested Parus cristatus Harriers (all species) Circus Tree-creeper, Short- Certhia brachydactyla toed Heron, Purple Ardea purpurea Warbler, Cetti’s Cettia cetti Hobby Falco subbuteo Warbler, Dartford Sylvia undata Hoopoe Upupa epops Warbler, Marsh Acrocephalus palustris Kingfisher Alcedo atthis Warbler, Savi’s Locustella luscinioides Kite, Red Milvus milvus Whimbrel Numenius phaeopus Merlin Falco columbarius Woodlark Lullula arborea Oriole, Golden Oriolus oriolus Wryneck Jynx torquilla Animal (Vertebrate) Species Listed in Schedule 5 (full legal protection at all times) Horseshoe Bats (all Rhinolophidae Newt – Great Crested Triturus cristatus species) Typical Bats (all Vespertilionidae Snake – Smooth Coronella austriaca species) Dolphin – Bottle- Tursiops truncatus Toad, Natterjack Epidalea calamita nosed (tursio) Dolphin – Common Delphinus delphis Turtles – All Species Cheloniidae & Dermochelyidae Dormouse – Hazel Muscardinus avellanarius Basking Shark Cetorhinus maximus Pine Marten Martes martes Burbot Lota lota Porpoise – Harbour Phocaena phocaena Goby – Giant Gobius cobitis Otter – Eurasian Lutra lutra Goby – Couch’s Gobius couchii Squirrel – Red Sciurus vulgaris Seahorse – Short- Hippocampus snouted 1 hippocampus Walrus Odobenus rosmarus Seahorse – Spiny Hippocampus guttulatus Water Vole Arvicola amphibia Sturgeon Acipenser sturio Whales – All Species Cetacea Vendace Coregonus albula Wildcat Felis sylvestris Whitefish Coregonus lavaretus

1 Both sea horse species are protected in England only.

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Lizard – Sand Lacerta agilis Animal (Vertebrate) Species Protected under Section 9 (1) part: Killing and Injuring & Section 9 (5) Sale Adder Vipera berus Slow-worm Anguis fragilis Lizard – Viviparous Zootoca vivipara Snake – Grass Natrix helvetica (natrix) Animals (Vertebrate) Species Protected under Section 9 (5) Sale only Frog – common Rana temporaria Newt – Smooth Lissotriton vulgaris Newt – Palmate Lissotriton helvetica Toad – Common Bufo bufo Animals (Vertebrate) Species Protected under Section 9 (1) (4)(a): Killing, Injuring &Taking and Damage / Destruction of place of shelter / protection only Allis Shad Alosa alosa Shark – Angel Squatina squatina Twaite Shad Alosa fallax Butterflies & Moths – Full Protection under Schedule 5 2 at all times High brown fritillary Argynnis adippe Fisher’s Estuarine Gortyna borelii Moth Large Blue Maculinea arion Barberry Carpet Pareulype berberata Heath Fritillary Mellicta athalea Black-veined Moth Siona lineata Marsh Fritillary Eurodryas aurinia Sussex Emerald Thalera fimbrialis Swallowtail Papilio machaon Essex Emerald Thetidia smaragdaris britannicus Large Copper Lycaena dispar Fiery Clearwing Bembecia chrysidiformis Reddish-buff Moth Acosmetia caliginosa New-Forest Burnet Zygaena viciae Butterflies – Protected under Section 9 (5) Sale Only Purple Emperor Apatura iris Adonis Blue Lysandra bellargus Northern Brown Aricia artaxerxes Chalkhill Blue Lysandra coridon Argus Pearl-bordered Boloria euphrosyne Glanville Fritillary Melitaea cinxia Fritillary Chequered Skipper Carterocephalus Large Tortoiseshell Nymphalis polychloros palaemon Large Heath Coenonympha tullia Silver-studded Blue Plebejus argus Small Blue Cupido minimus Black Hairstreak Strymonidia pruni Mountain Ringlet Erebia epiphron White-letter Hairstreak Strymonidia w-album Duke of Burgundy Hamearis lucina Brown Hairstreak Thecla betulae Silver-spotted Hesperia comma Lulworth Skipper Thymelicus acteon Skipper Wood White Leptidea sinapis Other Invertebrates – Full Protection under Schedule 5 at all times Rainbow -beetle Chrysolina cerealis Tadpole Shrimp Triops cancriformis Spangled Diving- Graphopterus zonatus Trembling Sea-mat Victorella pavida beetle Lesser Silver Water- Hydrochara caraboides De Folin’s Lagoon Caecum armoricum beetle Snail Moccas Beetle Hypebaeus flavipes Sandbowl Snail Catinella arenaria Violet Click-beetle Limoniscus violaceus Freshwater Pearl Margaritifera Mussel margaritifera Bembridge Beetle Parcymus aeneus Glutinous Snail Myxas glutinosa New Forest Cicada Cicadetta montana Lagoon Snail Paludinella littorina

2 Viper’s Bugloss Moth Hadena irregularis was removed from Schedule 5 in 1996 as it is believed to be extinct.

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Wart-Biter Decticus verrucivorus Lagoon Sea Slug Tenellia adspersa Mole-Cricket Gryllotalpa gryllotalpa Northern Hatchet-shell Thyasira gouldi Field-Cricket Gryllus campestris Tentacled Lagoon- Alkmaria romijni worm Norfolk Hawker Aeshna isosceles Lagoon Sand-worm Armandia cirrhosa Dragonfly Southern Damselfly Coenagrion mercuriale Medicinal Leech Hirudo medicinalis Fen Raft Spider Dolomedes fimbriatus Marine Hydroid Clavopsella navis Ladybird Spider Eresus niger (cinaberinus) Ivell’s Sea Anemone Edwardsia ivelli Fairy Shrimp Chirocephalus diaphanus Starlet Sea Anemone Nematosella vectensis Lagoon Sand Shrimp Gammarus insensibilis Atlantic Stream Austropotamobius (White-clawed) pallipes Crayfish Other Invertebrates Protected under Section 9 (1) Possession & 9 (2) (5) Sale only Stag Beetle Lucanus cervus Roman Snail 3 Helix pomatia Fan Mussel Atrina fragilis Pink Sea-fan Eunicella verrucosa Other Invertebrates Protected under Section 9 (4) (a) Damage / Destruction of Place of Shelter / Protection only Mire Pill Beetle Curimopsis nigrita Species - Full Protection under Schedule 8 at all times (previous Scientific name in brackets) Adder’s-tongue Least Ophioglossum lusitanicum Lily – Snowdon Gagea serotina (Lloydia serotina) Alison- Small Alyssum alyssoides Marsh-mallow – Rough Malva setigera (Althaea hirsuta) Broomrape – Orobanche caryophyllacea Milk-parsley – Selinum carvifolia Bedstraw Cambridge Broomrape – Orobanche picridis Mudwort – Welsh Limosella aquatica Oxtongue Broomrape – Thistle Orobanche reticulata 4 Naiad – Holly-leaved Najas marina Cabbage – Lundy Coincya wrightii Orache – Stalked Atriplex pedunculata (Rhynchosinapis wrightii) (Halimione pedunculata) Calamint – Wood Clinopodium menthifolium Orchid – Early Spider Ophrys sphegodes (Calamintha sylvatica) Catchfly – Alpine Silene suecica (Lychnis Orchid – Ghost Epipogium aphyllum alpina) Centaury – Slender Centaurium tenuiflorum Orchid – Lapland Dactylorhiza lapponica Marsh Cinquefoil – Rock Potentilla rupestris Orchid – Late Spider Ophrys fuciflora Clary – Meadow Salvia pratensis Orchid – Lizard Himantoglossum hircinum Club-rush – Schoenoplectus triqueter Orchid – Military Orchis militaris Triangular (Scirpus triqueter) Colt’s-foot – Purple Homogyne alpina Orchid – Monkey Orchis simia Cotoneaster – Wild Cotoneaster cambricus (C. Pear – Plymouth Pyrus cordata integerrimus)

3 England only 4 The Weeds Act 1959 does not apply to thistles Cirsium & Carduus species supporting this broomrape.

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Cotton-grass – Eriophorum gracile Pennycress – Microthlaspi Slender Perfoliate perfoliatum (Thlaspi perfoliatum) Cow-wheat – Field Melampyrum arvense Pennyroyal Mentha pulegium Crocus – Sand Romulus columnae Pigmyweed Crassula aquatica Cudweed – Broad- Filago pyramidata Pine - Ground Ajuga chamaepitys leaved Cudweed – Jersey Gnaphalium luteoalbum Pink – Cheddar Dianthus gratianopolitanus Cudweed – Red- Filago lutescens Pink – Childing Petrorhagia nanteuilii tipped Cut-grass Leersia oryzoides Ragwort – Fen paludosa (Senecio paludosa) Deptford Pink Dianthus armeria Ramping-fumitory – Fumaria reuteri (F. Martin’s martinii) Diapensia Diapensia lapponica Rampion – Spiked Phyteuma spicata Eryngo – Field Eryngium campestre Restharrow – Small Ononis reclinata Fern – Dickie’s- Cystopteris dickieana Rock-cress – Alpine Arabis alpina bladder Fleabane – Alpine Erigeron borealis Rock-cress – Bristol Arabis scabra Fleabane – Small Pulicaria vulgaris Sandwort – Norwegian Arenaria norvegica 5 Galingale – Brown Cyperus fuscus Sandwort – Teesdale Minuartia stricta Gentian – Alpine Gentiana nivalis Saxifrage – Drooping Saxifraga cernua Gentian - Dune Gentianella amarella Saxifrage – Tufted Saxifraga cespitosa subsp. occidentalis (Gentianella uliginosa) Gentian – Fringed Gentianopsis ciliata Solomon’s-seal – Polygonatum (Gentianella ciliata) Whorled verticillatum Gentian - Spring Gentiana verna Sow-thistle – Alpine Cicerbita alpina Germander – Cut- Teucrium botrys Spearwort – Adder’s- Ranunculus leaved tongue ophioglossifolius Germander – Water Teucrium scordium Speedwell – Fingered Veronica triphyllos Gladiolus – Wild Gladiolus illyricus Speedwell – Spiked Veronica spicata 6 Goosefoot – Stinking Chenopodium vulvaria Spike-rush – Dwarf Eleocharis parvula Grass-poly Lythrum hyssopifolia South-stack Fleawort Tephroseris integrifolia ssp. maritima Hare’s-ear – Sickle- Bupleurum falcatum Star-of-Bethlehem – Gagea bohemica leaved Early Hare’s-ear – Small Bupleurum baldense Starfruit Damasonium alisma Hawk’s-beard – Crepis foetida Strapwort Corrigiola littoralis Stinking Hawkweed – Hieracium northroense Violet – Fen Viola persicifolia Northroe Hawkweed – Hieracium zetlandicum Viper’s-grass Scorzonera humilis Shetland Hawkweed – Weak- Hieracium attenuatifolium Water-plantain – Alisma gramineum leaved Ribbon-leaved Heath – Blue Phyllodoce caerulea Wood-sedge – Starved Carex depauperata Helleborine – Red Cephalanthera rubra Woodsia – Alpine Woodsia alpina

5 All subspecies occurring in the UK 6 Both subspecies: spicata & hybrida

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Horsetail – Branched Equisetum ramosissimum Woodsia – Oblong Woodsia ilvensis Hound’s-tongue – Cynoglossum germanicum Wormwood – Field Artemisia campestris Green Knawel – Perennial Scleranthus perennis 7 Woundwort - Downy Stachys germanica Knot-grass – Sea Polygonum maritimum Woundwort – Stachys alpina Limestone Leek – Round- Allium sphaerocephalon Yellow-rattle – Greater Rhinanthus headed angustifolius Lettuce – Least Lactuca saligna Vascular Plant Species – Partial Protection under Section 13 (2) Protection from commercial exploitation and sale Bluebell Hyacinthoides non-scripta Bryophytes – Full Protection under Schedule 8 at all times Anamodon – Long- Anomodon langifolius Flamingo Moss Desmatodon cernuus leaved Blackwort Southbya nigrella Frostwort Gymnomitrion apiculatum Crystalwort – Lizard Riccia bifurca Glaucous Beard Moss Barbula glauca Earwort – Marsh Jamesoniella undulifolia Green Shield Moss Buxbaumia viridis Feathermoss – Polar Hygrohypnum polare Hair Silk Moss Plagiothecium piliferum Flapwort – Norfolk Leiocolea rutheana Knothole Moss Zygodon forsteri Grimmia – Blunt- Grimmia unicolor Large Yellow Feather Scorpidium turgescens leaved Moss Petalwort Petalophyllum ralfsii Millimetre Moss Micromitrium tenerum Lindenberg’s Leafy- Adelanthus Multi-fruited River Cryphaea lamyana Liverwort lindenbergianus Moss Feather-moss Drepanocladus vernicosus Nowell’s Limestone Zygodon gracilis Slender Green Moss Alpine Copper-Moss Mielichoferia meilicoferia Rigid Apple Moss Bartramia stricta Baltic Bog-Moss Sphagnum balticum Round-leaved feather Rhynchostegium Moss rotundifolium Blue Dew-Moss Saelania glaucescens Schleicher’s Thread Bryum schleicheri Moss Blunt-leaved bristle- Orthotrichum obtusifolium Triangular Pygmy Acaulon triquetrum Moss Moss Bright-Green Cave- Cyclodictyon laetevirens Turpswort Geocalyx graveolens Moss Cordate Beard Moss Barbula cordata Vaucher’s Feather Hypnum vaucheri Moss Cornish Path Moss Ditrichum cornubicum Western Rustwort Marsupella profunda Derbyshire Feather Thamnobryum Moss angustifolium Stoneworts – Full Protection under Schedule 8 at all times Bearded Stonewort Chara canescens Foxtail Stonewort Lamprothamnium papullosum Lichens – Full Protection under Schedule 8 at all times New Forest Beech Enterographa elaborata Forked Hair Lichen Bryoria furcellata Lichen Snow Caloplaca Caloplaca nivalis Golden Hair Lichen Teloschistes flavicans

7 Includes both subspecies: perennis & prostratus

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Tree Catapyrenium Catapyrenium Orange-fruited Elm Caloplaca luteoalba psoromoides Lichen Laurer’s Catillaria Catillaria laurei River Jelly Lichen Collema dichotomum Convoluted Cladonia Cladonia convoluta Starry Breck Lichen Buellia asterella Upright Mountain Cladonia stricta Caledonia Pannaria Pannaria ignobilis Cladonia Goblin Lights Catolechia wahlenbergii New Forest Parmelia Parmelia minarum Elm Gyalecta Gyalecta ulmi Oil Stain Parmentaria Parmentaria chilensis Tarn Lecanora Lecanora archariana Southern Grey Physcia Physcia tribacioides Copper Lecidea Lecidea inops Ragged Pseudo- Pseudocyphellaria cyphellaria lacerata Arctic Kidney Lichen Nephroma arcticum Rusty Alpine Psora Psora rubiformis Ciliate Strap Lichen Heterodermia leucomelos Rock Nail Calicium corynellum Coralloid Rosette Heterodermia Serpentine Selanopsora liparina Lichen propagulifera Selanopsora Ear-lobed Dog Lichen Peltigera lepidophora Sulphur Tresses Alectoria ochroleuca Lichens – Partial Protection under Section 13 (2) Commercial Exploitation and Sale Only Tree Lungwort Lobaria pulmonaria Fungi – Full Protection under Schedule 8 at all times Royal Bolete Boletus regius Oak Polypore Buglossosporus pulvinus Hedgehog Fungus Hericium erinaceum Sandy Stilt Ball Battaria phalloides Invasive plant species listed in Schedule 9 Australian swamp Crassula helmsii Japanese rose Rosa rugosa stonecrop or New Zealand pygmyweed Californian red Pikea californica Japanese seaweed Sargassum muticum seaweed Curly waterweed Lagarosiphon major Laver seaweeds Porphyra spp (except native species) Duck potato Sagittaria latifolia Parrot’s-feather Myriophyllum aquaticum Entire-leaved Cotoneaster integrifolius Perfoliate alexanders Smyrnium perfoliatum cotoneaster False Virginia creeper Parthenocissus inserta Pontic rhododendron Rhododendron ponticum Fanwort or Carolina Cabomba caroliniana Purple dewplant Disphyma crassifolium water-shield Few-flowered garlic Allium paradoxum Red algae Grateloupia luxurians Floating pennywort Hydrocotyle ranunculoides Rhododendron Rhododendron ponticum × Rhododendron maximum Floating water Ludwigia peploides Small-leaved Cotoneaster primrose cotoneaster microphyllus Giant hogweed Heracleum Three-cornered garlic Allium triquetrum mantegazzianum Giant kelp Macrocystis spp. Variegated yellow Lamiastrum archangel galeobdolon subsp. argentatum Giant knotweed Fallopia sachalinensis Virginia creeper Parthenocissus quinquefolia

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Giant rhubarb Gunnera tinctoria Wakame Undaria pinnatifida Giant salvinia Salvinia molesta Wall cotoneaster Cotoneaster horizontalis Green seafingers Codium fragile Water fern Azolla filiculoides Himalayan Cotoneaster simonsii Water hyacinth Eichhornia crassipes cotoneaster Hollyberry Cotoneaster bullatus Water lettuce Pistia stratiotes cotoneaster Hooked asparagus Asparagopsis armata Water primrose Ludwigia grandiflora seaweed Hottentot fig Carpobrotus edulis Water primrose Ludwigia uruguayensis Hybrid knotweed Fallopia japonica × Waterweeds Elodea spp. Fallopia sachalinensis Indian (Himalayan) Impatiens glandulifera Yellow azalea Rhododendron luteum balsam Japanese knotweed Reynoutria japonica Protection of Badgers Act 1992

The main legislation protecting badgers in England and Wales is the Protection of Badgers Act 1992 (the 1992 Act). Under the 1992 Act it is an offence to: wilfully kill, injure, take or attempt to kill, injure or take a badger; dig for a badger; interfere with a badger sett by, damaging a sett or any part thereof, destroying a sett, obstructing access to a sett, causing a dog to enter a sett or disturbing a badger while occupying a sett. The 1992 Act defines a badger sett as: “any structure or place which displays signs indicating current use by a badger”

Natural Environment and Rural Communities Act 2006

Section 41 (S41) of this Act requires the Secretary of State to publish a list (in consultation with Natural England) of Habitats and Species which are of Principal Importance for the conservation of biodiversity in England. The S41 list is used to guide decision-makers such as public bodies including local and regional authorities, in implementing their duty under Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006, to have regard to the conservation of biodiversity in England, when carrying out their normal (e.g. planning) functions. The S41 list includes 65 Habitats of Principal Importance and 1,150 Species of Principal Importance.

Hedgerow Regulations 1997

The Hedgerow Regulations were made under Section 97 of the Environment Act 1995 and came into force in 1997. They introduced new arrangements for local planning authorities in England and Wales to protect important hedgerows in the countryside, by controlling their removal through a system of notification. Important hedgerows are defined by complex assessment criteria, which draw on biodiversity features, historical context and the landscape value of the hedgerow.

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Birds of Conservation Concern

This is a review of the status of all birds occurring regularly in the United Kingdom. It is regularly updated and is prepared by leading bird conservation organisations, including the British Trust for Ornithology (BTO), Joint Nature Conservation Committee (JNCC) and The Royal Society for the Protection of Birds (RSPB). The latest report was produced in 2015 (Eaton et al , 2015) and identified 67 red list species, 96 amber species, and 81 green species. The criteria are complex, but generally: • Red list species are those that have shown a decline of the breeding population, non- breeding population or breeding range of more than 50% in the last 25 years.

• Amber list species are those that have shown a decline of the breeding population, non- breeding population or breeding range of between 25% and 50% in the last 25 years. Species that have a UK breeding population of less than 300 or a non-breeding population of less than 900 individuals are also included, together with those whose 50% of the population is localised in 10 sites or fewer and those whose 20% of the European population is found in the UK.

• Green list species are all regularly occurring species that do not qualify under any of the red or amber criteria are green listed

Global IUCN Red List

The International Union for Conservation of Nature (IUCN) Threatened Species was devised to provide a list of those species that are most at risk of becoming extinct globally. It provides taxonomic, conservation status and distribution information about threatened taxa around the globe. The system catalogues threatened species into groups of varying levels of threat, which are: Extinct (EX), Extinct in the Wild (EW), (CE), Endangered (EN), Vulnerable (VU), Near Threatened (NT), Least Concern (LC), Data Deficient (DD), Not Evaluated (NE). Criteria for designation into each of the categories is complex and consider several principles.

Local Biodiversity Action Plan (LBAP)

Local Biodiversity Action Plans (LBAP) identify habitat and species conservation priorities at a local level (typically at the County level) and are usually drawn up by a consortium of local Government organisations and conservation charities. Some LBAP’s may also include Habitat Action Plans (HAP) and/or Species Action Plans (SAP), which are used to guide and inform the local decision making process.

Wild Mammals (Protection) Act 1996

This Act offers protects a form of protection to all wild species of mammals, irrespective of other legislation, and focussed on animal welfare, rather than conservation. Unless covered by one of the exceptions, a person is guilty of an offence if he mutilates, kicks, beats, nails or otherwise impales, stabs, burns, stones, crushes, drowns, drags or asphyxiates any wild mammal with intent to inflict unnecessary suffering. It’s application is typically restricted to preventing deliberate harm to wildlife (in general) during construction works etc.

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Appendix C – Relevant Desk Study Data

Maber June 2019 A113752

Land Off Billing Brook Road, Northampton : Ecological Appraisal

Appendix D – Target Notes

Target Description Photograph Note TN1 Planted Scattered Trees: even aged and scattered around the site. Some had been felled prior to the survey and remained as dead stumps. Broad-leaved species comprised common lime Tilia x europaea , Swedish whitebeam Sorbus intermedia , silver birch Betula pendula , crack willow Salix x fragilis , ash Fraxinus excelsior , sycamore Acer pseudoplatanus , maple Acer platanoides , white poplar Populus alba and London plane Platanus x hispanica .

TN2 Mature pedunculate oak tree Quercus robur

TN3 Dead stump infected with honey fungus Armillaria mellea

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Target Description Photograph Note

TN4 Dead Swedish whitebeam

TN5 Dead tree, species unknown

Maber June 2019 A113752 Land Off Billing Brook Road, Northampton : Ecological Appraisal

Target Description Photograph Note

TN6 Amenity grassland, dominated by red fescue Festuca rubra , perennial rye-grass Lolium perenne and Yorkshire-fog Holcus lanatus ; with some cock’s-foot Dactylis glomerata , rough meadow-grass Poa trivialis and false oat-grass Arrhenatherum elatius . Herbs included creeping buttercup Ranunculus repens , common mouse-ear Cerastium fontanum , Germander speedwell Veronica chamaedrys , daisy Bellis perennis , dandelion species Taraxacum sp., black medick Medicago lupulina , cut-leaved crane’s-bill Geranium dissectum , smooth hawk’s-beard Crepis capillaris and ribwort plantain Plantago lanceolata . Plants typical of disturbed ground were present along the eastern side of the site. These included common poppy Papaver rhoeas , hedge-mustard Sisymbrium officinale , scentless mayweed Tripleurospermum inodorum , cow parsley Anthriscus sylvestris , creeping bent Agrostis stolonifera , wall barley Hordeum marinum , cleavers Galium aparine , broad- leaved dock Rumex obtusifolius , common nettle Urtica dioica and common ragwort Jacobaea vulgaris .

Maber June 2019 A113752

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