Proposed Manager’s Accommodation , Lilley ’s Cider: Ecological Assessment Date: 12 February 2021 For: Lilley’s Cider Ref: eg20972 Produced by: Environmental Gain Ltd The Old Church School Butts Hill Frome Bath BA11 1HR T: 01225 459 564 Approved: Matt Davies, BSc (Hons), MSc, MCIEEM E: [email protected] www.engain.com Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal CONTENTS ABBREVIATIONS i EXECUTIVE SUMMARY ii 1 INTRODUCTION 1 2 SITE LOCATION AND GENERAL DESCRIPTION 2 Site Location 2 General Description 2 3 LEGISLATION AND POLICY 3 Introduction 3 Relevant Legislation 3 Relevant Policy 4 4 METHODOLOGY 9 Desk Study 9 Extended Phase 1 Habitat Survey 9 Assessment oF Ecological Value 10 Bat Surveys 10 Ground Level Tree Assessment 10 Bat Activity Surveys 10 Automated Static Surveys 11 Data Analysis 11 Limitations 11 5 BASELINE ECOLOGY 13 Desk Study 13 Habitats 17 Badgers 17 Bats 18 Birds 20 Dormice 20 Amphibians 20 Reptiles 20 Other WildliFe 20 6 POTENTIAL IMPACTS 21 Designated Sites 21 Habitats 21 Birds 22 Dormice 22 Amphibians 22 Reptiles 23 Other WildliFe 23 7 AVOIDANCE, MITIGATION AND ENHANCEMENT 24 Habitats 24 Badgers 24 On Behalf of: Lilley’s Cider 12 February 2021 eg20972 Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal Bats 24 Birds 25 Amphibians and Reptiles 25 Other WildliFe 26 REFERENCES 27 ReFerences 27 Legislation and Policy 29 APPENDICES 31 Appendix 1 Site Photographs On Behalf of: Lilley’s Cider 12 February 2021 eg20972 Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal ABBREVIATIONS CEMP Construction Environmental Management Plan CIEEM Chartered Institute oF Ecology and Environmental Management LEMP Landscape and Ecological Management Plan LNR Local Nature Reserve MAGIC Multi-Agency Geographic InFormation For the Countryside SAC Special Area oF Conservation SSSI Site oF Special ScientiFic Interest SPA Special Protection Area TN Target Note On Behalf of: Lilley’s Cider 12 February 2021 eg20972 Page i Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal EXECUTIVE SUMMARY Engain was commissioned by Lilley’s Cider to undertake an ecological assessment of a proposed new residential property on land adjacent to the Lillley’s Cider Factory outside oF Frome, Somerset. The proposals comprise the provision oF a bungalow with associated garden within a Field oF species-poor, semi-improved grassland, and the creation of a new orchard within the remainder of the site. This report also takes account oF a separate application For the renovation of a redundant stable block to be converted to a caFé and artisan sales area ancillary to the Lilley’s Cider Factory. The proposed development would not have any adverse eFFects on designated sites. It is within the outer edge oF the Band C consultation zone For the Mells Valley SAC, which is designated For greater horseshoe bats. No greater horseshoe bats were recorded From the site, and a 10m bufFer has been provided between the proposed accommodation and a retained hedge. The nature and scale of the proposals and their location in relation to the SAC mean that there would not be any adverse eFFects on the SAC. The creation and long- term management of the orchard has the potential to create a substantial increase in the biodiversity value of the site, in terms of habitats and For other wildliFe including bats, badgers, reptiles and amphibians. On Behalf of: Lilley’s Cider 12 February 2021 eg20972 Page ii Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal 1 INTRODUCTION Engain was commissioned by Lilley’s Cider to undertake an ecological assessment of a proposed new residential property on land adjacent to the Lillley’s Cider Factory outside of Frome, Somerset. We were also asked to assess ecological issues relating to a separate application for renovation of some an adjacent stables block. Engain has undertaken a Phase 1 Habitat Survey, an assessment oF the site’s potential For protected species, and surveys to help understand the site’s importance For bats. Details of the survey methods and results are set out in this report, along with an assessment of the potential ecological impacts of the proposed development. This is Followed by a description of the means by which adverse efFects will be avoided or mitigated and how the development can provide an ecological enhancement of the site, targeted at local ecological priorities. On Behalf of: Lilley’s Cider 12 February 2021 eg20972 Page 1 Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal 2 SITE LOCATION AND GENERAL DESCRIPTION Site Location The site is located oFF Bunn’s Lane, to the south oF Frome (Figure 1). The Ordnance Survey grid reference For the centre of the site is ST771423. General Description The site consists of a parcel of land to the south of the Factory, which is currently accessed From the vehicular entrance to the Factory. The extant vehicular access will be re-sited to a position west of its current location, Forming a new access that will serve the Factory and would also serve the proposed manager’s accommodation. The re-siting of the vehicle access already has planning consent (reference 2019/2906/FUL) and this ecological assessment thereFore only relates to the work associated with the proposed manager’s accommodation, not the new vehicular access. On Behalf of: Lilley’s Cider 12 February 2021 eg20972 Page 2 N 1 ON BEHALF OF PROJECT Lilley’s Cider Roewood Farm Environmental Gain Ltd The Old Church School, Butts Hill SCALE DATE TITLE Frome, BA11 1HR NTS Dec 2020 Figure 1: Site Location Plan T: 01225 459 564 PROJECT NO APPROVED [email protected] eg20972 MD www.engain.com Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal 3 LEGISLATION AND POLICY Introduction WildliFe in the UK is protected through European Directives, which are transposed into national legislation, supported by a range of national and local policy and guidance. Recent changes in planning policy and legislation have gone beyond site and species-speciFic protection to set broader goals For the conservation and enhancement of the natural environment, and halting the continued loss of biodiversity in the UK. Development can contribute to these goals through, For example, protecting the best Features of a site and making them a valued part of the site’s new use, and by incorporating enhancements to improve the site’s value For wildliFe. The sections below provide a brieF guide to the principal legislation and policy that sets the terms of reference For ecological appraisals in the UK. This is not intended to be a full description of all the obligations enacted by the various referenced documents, which should be referred to in their original form for the full details. It is the responsibility of those involved with the development works to ensure that wildlife protection and nature conservation legislation is complied with at every stage of the project. Such legislation applies even in the absence of related planning conditions. Relevant Legislation The principal pieces of legislation relating to wildliFe that are of relevance to this report are: 1. EU Habitats Directive (1992); 2. EU Birds Directive (1979); 3. Conservation oF Habitats and Species (Amendment) Regulations 2017; 4. The WildliFe and Countryside Act 1981 (as amended); 5. The Countryside and Rights of Way Act 2000; On Behalf of: Lilley’s Cider 12 February 2021 eg20972 Page 3 Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal 6. The Natural Environment and Rural Communities Act 2006; 7. The Protection oF Badgers Act 1992 (which is extended under The Hunting Act 2004). The main Focus of much of this legislation is the protection of sites and species, the delineation oF precisely how they are protected, and what actions would constitute an ofFence. This report provides guidance on whether any protected features are likely to be affected by the development proposal, and how ofFences under the legislation can be avoided. Relevant Policy Regional and local planning authorities are obliged to follow key principles to ensure that the potential impacts of planning decisions on biodiversity conservation are Fully considered. The National Planning Policy Framework sets out the Government’s policies For the protection and enhancement of biodiversity through the town and country planning system. This encourages the contribution to, and enhancement oF, natural and local environments through minimising the impacts on biodiversity and providing net gains in biodiversity where possible. Planning authorities are required to follow key principles in their consideration of potential impacts of planning decisions on biodiversity conservation. Circular 06/05: Biodiversity and Geological Conservation provides guidance on the application of the law relating to planning and nature conservation and complements the National Planning Policy Framework. The presence oF species protected under UK and European legislation are a material consideration when a planning authority is considering a development proposal that, iF carried out, would be likely to result in harm to the species or its habitat. Ecological appraisals and protected species surveys are therefore designed to provide local planning authorities with the baseline information they require in order fully consider the potential ecological effects of a planning application. On Behalf of: Lilley’s Cider 12 February 2021 eg20972 Page 4 Proposed Manager’s Accommodation, Lilley’s Cider Ecological Appraisal Biodiversity 2020: A strategy For England’s wildliFe and ecosystem services, provides the UK Biodiversity Action Plan and country level biodiversity strategies For England, based on the list of habitats and species listed under The Natural Environment and Rural Communities Act 2006. The Mendip District Local Plan was adopted in December 2014. It sets out a long-term strategic vision for the future of the District and how it will development in the Future. The District’s natural and man-made environments are recognised at point 2.11 which states; “Mendip’s natural and man-made environments are highly diverse and this is a distinct feature of the district.