[Scheme Name] M42 Junction[Scheme 6 NumberImprovement TR100xx] 1.3 Introduction to the Application Scheme Number TR010027 APFP Regulation 5(2)(q) VolumePlanning 6Act 2008 Infrastructure Planning (Applications: Prescribed Forms and Procedure) 6.1 Environmental StatementRegulations 2009 Chapter 9 – Biodiversity Regulation 5(2)(a) Planning Act 2008 Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 January 2019 PCF XXX PRODUCT NAME | VERSION 1.0 | 25 SEPTEMBER 2013 | 5124654 Volume [x] [Month/year] M42 Junction 6 Improvement Environmental Statement Infrastructure Planning Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M42 Junction 6 Improvement Development Consent Order 202[ ] 6.1 Environmental Statement Chapter 9 Biodiversity Regulation Number Regulation 5(2)(a) Planning Inspectorate Scheme TR010027 Reference Application Document Reference 6.1 Author M42 Junction 6 Improvement Project Team and Highways England Version Date Status of Version 1 January 2019 DCO Application Planning Inspectorate Scheme Ref: TR010027 Application Document Ref: TR010027/APP/6.1 M42 Junction 6 Improvement Environmental Statement Table of contents Chapter Pages 9 Biodiversity 1 9.1 Competent expert evidence 1 9.2 Legislative and policy framework 1 9.3 Assessment methodology 6 9.4 Assessment assumptions and limitations 16 9.5 Study area 20 9.6 Baseline conditions 23 9.7 Potential impacts 43 9.8 Design, mitigation and enhancement measures 44 9.9 Assessment of likely significant effects 53 9.10 Monitoring 84 9.11 References 86 List of Tables Table 9.1: Criteria for assessing the importance of features 12 Table 9.2: Study areas applied in the desk study 20 Table 9.3: Study areas applied to field surveys 21 Table 9.4: Statutory international nature conservation designations within 30km of the Scheme 23 Table 9.5: Statutory national nature conservation designations within 2km of the Scheme 24 Table 9.6: Non-statutory nature conservation designations within 1km of the Scheme 25 Table 9.7: Habitats present within the Phase 1 habitat study area 29 Table 9.8: Habitat losses and gains 63 Table 9.9: Hedgerow loss 65 Table 9.10: Air quality effects upon designated sites 78 Planning Inspectorate Scheme Ref: TR010027 Application Document Ref: TR010027/APP/6.1 M42 Junction 6 Improvement Environmental Statement 9 Biodiversity 9.1 Competent expert evidence 9.1.1 This chapter presents the results of an assessment of the likely significant effects of the Scheme on biodiversity, a process referred to as Ecological Impact Assessment (EcIA). 9.1.2 The competent expert responsible for the assessment is an Associate within AECOM who holds the qualifications of BA (Hons) Applied Biology and MPhil (Nottingham University), and is a Full Member of the Chartered Institute for Ecology and Environmental Management (CIEEM). 9.1.3 They have 35 years of experience in ecological consultancy and contribute to, and manage, EcIAs and projects relating to the protection and management of habitats and fauna, including nationally significant infrastructure projects. They possess a detailed knowledge EcIA and species licencing, as applied to linear infrastructure, and have presented evidence at public inquiries. 9.2 Legislative and policy framework 9.2.1 The following legislation and planning policy is of direct relevance to the assessment of biodiversity, and summarises the detailed policy and legislative context presented within Appendix 9.15 [TR010027/APP/6.3] which has informed the assessment methodology. 9.2.2 Compliance with statute and policy relating to biodiversity is addressed within the Planning Statement [TR010027/APP/7.1]. The Conservation of Habitats and Species Regulations 2017 9.2.3 The Conservation of Habitats and Species Regulations 2017 [REF 9-1] (the Habitats Regulations) transpose the requirements of the EC Habitats Directive [REF 9-2] and Birds Directive [REF 9-3] into UK law, and provide for the designation and protection of European Sites (and adapt planning and other controls for the protection of these sites). This includes Annex I (including habitats) and Annex II (including species) for which such sites can be designated. 9.2.4 The Habitats Regulations [REF 9-1] also provide protection for certain European Protected Species (EPS) that are listed on Schedule 2 (plants) or Schedule 4 (animals). Provision is made for the granting of licences that permit certain acts as lawful, providing the appropriate authority is satisfied that there is no satisfactory alternative and the favourable conservation status of the species will be maintained. 9.2.5 The presence of European Sites (referred to as designated sites of international importance) and their relationship to the Scheme has been considered in the Habitats Regulations Assessment: No Significant Effects Report [TR010027/APP/6.8]. The presence of Annex I habitats and Annex II species, and also of any EPS, has been considered within the assessment. Planning Inspectorate Scheme Ref: TR010027 Application Document Ref: TR010027/APP/6.1 1 M42 Junction 6 Improvement Environmental Statement Ramsar Convention 9.2.6 The Ramsar Convention 1971 [REF 9-4] provides international legislation for the designation of wetlands of international importance. Government policy extends the same level of protection to Ramsar wetlands as that afforded to sites that are designated under the Habitats Directive [REF 9-1]. 9.2.7 Consideration has been given in the assessment to the presence of any Ramsar wetlands. Wildlife and Countryside Act 1981 9.2.8 The Wildlife and Countryside Act 1981 [REF 9-5] (as amended) is a primary piece of UK wildlife legislation, protecting birds, other animals and plants (including vascular plants, bryophytes, lichens and fungi) and allowing for the designation of protected areas including Sites of Special Scientific Interest (SSSIs). The Act [REF 9-5] also defines a list of invasive non-native species, making it illegal to spread them in the wild. 9.2.9 Designated sites, protected flora and fauna and invasive species covered by the Act [REF 9-5] that will be affected by the Scheme have been considered in the assessment. Countryside and Rights of Way Act 2000 9.2.10 The Countryside and Rights of Way Act 2000 [REF 9-6] extends powers relating to the protection and management of SSSIs. This includes powers for entering management agreements, placing a duty on public bodies to further the conservation and enhancement of SSSIs, increasing penalties for conviction, and appeal processes for the notification, management and protection of SSSIs. It also introduced the offence of ‘reckless’ disturbance of threatened species. 9.2.11 The legislative provisions relating to designated sites and flora and fauna affected by the Scheme have been considered in the assessment. Natural Environment and Rural Communities Act 2006 9.2.12 Section 40 of the Natural Environment and Rural Communities Act 2006 [REF 9- 7] (NERC Act) places a duty on public authorities in England to conserve biodiversity, which includes restoring or enhancing of a population or habitat. 9.2.13 Section 41 of the NERC Act [REF 9-7] requires the Secretary of State for Environment to publish and maintain a list of habitats and species that are of ‘principal importance’ for the purpose of conserving biodiversity, and are regarded as conservation priorities under the UK Post-2010 Biodiversity Framework [REF 9-8]. 9.2.14 The occurrence of habitats and species of principal importance (SPI) has been identified in the assessment through a desk study and field surveys, and the design of the Scheme includes measures for their conservation and enhancement. Planning Inspectorate Scheme Ref: TR010027 Application Document Ref: TR010027/APP/6.1 2 M42 Junction 6 Improvement Environmental Statement Protection of Badgers Act 1992 9.2.15 The Protection of Badgers Act 1992 [REF 9-9], provides specific legislation to protect badgers from cruelty. 9.2.16 The protection of badgers through best working practices, including the legal requirement for licences from Natural England (where required), has been considered as part of the assessment. The Hedgerow Regulations 1997 9.2.17 The Hedgerow Regulations 1997 [REF 9-10] covers legislation for the protection of countryside hedgerows that are considered ‘important’ as they meet specific archaeological, wildlife or landscape criteria. 9.2.18 The assessment has evaluated hedgerows potentially affected by the Scheme by way of field survey, to determine whether any qualify as important under the criteria. Salmon and Freshwater Fisheries Act 1975 9.2.19 The Salmon and Freshwater Fisheries Act 1975 [REF 9-11] (as amended) relates to the protection of freshwater fish, with a focus on salmon and trout species. 9.2.20 The assessment has considered the provisions of the Act [REF 9-11] in relation to the risk of morality, migration barriers, pollution and the degradation of habitats potentially resulting from the Scheme. Animal Welfare Act 2006 9.2.21 The Animal Welfare Act 2006 [REF 9-12] protects vertebrate animals from harm, and extends to domesticated animals and those under the control of people. 9.2.22 The provisions of the Act [REF 9-12] have been taken account of within the assessment by ensuring the welfare of any animals potentially affected by the Scheme are considered. Wild Mammals (Protection) Act 1996 9.2.23 The Wild Mammals (Protection) Act 1996 [REF 9-13] makes it an offence to harm wild mammals with intent to inflict unnecessary suffering. 9.2.24 The assessment has considered the requirements of the Act [REF 9-13], and includes measures to ensure any risk of unnecessary suffering of wild animals is avoided. National Policy Statement for National Networks 9.2.25 The National Policy Statement for National Networks (NPSNN) [REF 9-14] sets out the matters that the Secretary of State for Transport should give due regard to when determining Development Consent Order (DCO) applications that will affect biodiversity and ecological conservation.