Nature Conservation Supplementary Planning Document (SPD) September 2016 Page 1 Nature Conservation Supplementary Planning Document Contact Information Robin Whitehouse Senior Planning Officer Tel: 01384 816810 Email: [email protected] Jo Bozdoganli Principal Planning Officer Tel: 01384 816489 E-mail: [email protected] Annette Roberts Planning Policy Manager Tel: 01384 814172 E-mail: [email protected] Helen Martin Head of Planning and Development Tel: 01384 814186 E-mail: [email protected] Postal Address: Strategic Planning and Historic Environment Service Planning and Development Place Directorate 4 Ednam Road Dudley West Midlands DY1 1HL Tel: 01384 814136 Email: [email protected] Page 2 Nature Conservation Supplementary Planning Document Contents Contact Information Tables 1– 4: Optimum Survey Times for Habitats and Specific Wildlife Species 1 – Introduction and Aims. 2 –Policy and Legislative Context 3 - Designated Nature Conservation Sites 4 – Identifying when a development proposal needs to be accompanied by an Ecological Survey 5 – Minimising unacceptable Nature Conservation impacts through Avoidance, Minimisation, Mitigation and Compensation 6 – A Step-by-Step guide to incorporating nature conservation and biodiversity enhancement features into new development proposals 7 – Good practice examples of nature conservation measures 8 – Geology and development (this chapter is taken directly from the 2006 Nature Conservation SPD as Geology was not subject to the 2016 review of SPD. Factual information, e.g. Policy Context, has been updated.) Appendices Appendix 1 – Key Planning Policies Appendix 2 – Suggested Content of Phase 1 Ecological Surveys Appendix 3 – List of Principal Native Trees, Shrubs and Climbers in keeping with the Local Character of Dudley (and link to non-native species) Appendix 4 –Nature Conservation Model Planning Conditions Appendix 5 – Hierarchy of designations Appendix 6 – Bibliography and references Appendix 7 - Glossary of Terms Page 3 Table 1 – Appropriate Survey Times for HABITATS Habitat type: Jan Feb March April May June July Aug Sep Oct Nov Dec Rivers, canals & ponds Appropriate timescale to undertake a Phase 1 Habitat Survey for this specific habitat type. Grassland & Marsh Reedbed and swamp Heathland Woodland & scrub Hedgerows General surveys: Site walkovers and scoping Site walkovers and scoping surveys (e.g. Habitat Survey assessments) can be undertaken at all times of year. surveys. Habitat survey assessments may highlight the need for more detailed surveys (e.g. Phase 1 Habitat Survey) to be undertaken which may be restricted to certain times of the year (see immediately above - optimum survey timescales for different habitat types). Assessing the potential of areas which could potentially have value for bat foraging and commuting habitat such as scrub and linear features such as hedgerows, fence lines, watercourses, woodland edges, field margins, etc can be undertaken at any time of year. Table 2 – Appropriate Survey Times for other ANIMAL AND PLANT SPECIES Page 4 Nature Conservation Supplementary Planning Document Species Jan Feb March April May June July Aug Sep Oct Nov Dec type: Birds Breeding Appropriate timescale to undertake a Phase 1 Survey for this specific animal species. Wintering Migratory Breeding bird species Survey time for migratory birds can extend to include June/July and August for Swifts. Perhaps even longer for such as House Martins and Swallows Swallows, Swifts and House Martins Reptiles Breeding Basking Great Breeding crested Habitat Appropriate timescale to undertake Phase 1 Survey: This type of survey can be undertaken until mid June (the newt survey period for ponds finishes in mid June) Habitat Appropriate time May to September when plant growth can be seen. Limited Habitat Suitability Index assessment can Suitability be carried out in other months. Index assessme nt for Great Crested Newts Page 5 Nature Conservation Supplementary Planning Document Badger Setts Habitat Water vole Presence Habitat Otter Presence Habitat Crayfish Luronium natans Lepidoptera Presence Habitat Date Waxcap, Olive Earthtongue and other significant fungi * Luronium natans – is a species of aquatic plant commonly known as the floating water-plantain. * Lepidoptera – is an order of insects that includes moths and butterflies. Page 6 Nature Conservation Supplementary Planning Document Table 3 –Appropriate Survey Times and assessment for BATS Type of bat survey or assessment: Jan Feb Mar April May June July Aug Sep Oct Nov Dec Winter Hibernation Survey including Appropriate Extend surveys of underground sites timescale to -ing undertake into Phase 1 survey. Inspection survey of existing buildings Appropriate timescale to undertake Phase 1 Survey: This type of survey can be undertaken all times of year and structures for presence of bat roosts. Roost assessment (trees/summer/winter) Appropriate timescale to undertake Phase 1 Survey: This type of survey can be undertaken all times of year Summer roosts survey Extend Appropriate timescale to -ing undertake Phase 1 survey. into Foraging and commuting habitat Extend Appropriate timescale to undertake Phase 1 survey (e.g. flight movements over green -ing survey. space areas, around woodland edges, into mature gardens, etc) Activity surveys (emergence from roost/ Appropriate timescale to undertake Phase 1 re-entry from roost/ transect) survey. Tree surveys for features used by Appropriate timescale to Extending into roosting bats (by observation from the undertake Phase 1 ground only) survey. Site walkovers and scoping surveys for Site walkovers and scoping surveys for bats can be carried out throughout the year. A site walkover & scoping bats survey may highlight the need for a more detailed survey (e.g. a Phase 1 Habitat Survey) to be undertaken which may be restricted to certain times of the year (see immediately above - optimum survey timescales) Inspection of bird and bat boxes for Appropriate timescale to undertake presence of roosting bats Phase 1 survey. Climbing tree surveys to assess Appropriate timescale to undertake Phase 1 features which have potential to be survey used by roosting bats Page 7 Nature Conservation Supplementary Planning Document Table 4 - Times of year that mitigation works can be undertaken specifically for BATS. (For example, if a bat roost is found within an existing building proposed for re-development/ demolition/ conversion and mitigation works need to be undertaken then the table below provides details of the timescales when the mitigation works can be undertaken for the specific bat roost type (e.g. summer or hibernation roost). Any mitigation works would need to be undertaken by a suitably qualified and experienced Ecological Consultant who is a licensed bat worker. Jan Feb Mar April May June July Aug Sep Oct Nov Dec Type of mitigation works: Mitigation works can be undertaken Timescale when mitigation works can be to a bat maternity and summer undertaken as bats will not be present in this type of roost environment during this Then from roosts until mid-May. timescale. the start of November. Mitigation works can be undertaken Timescale when mitigation works can be undertaken as bats will not be to a bat hibernation roost from present in this type of roost environment during this timescale. mid-March until the end of October. Bat roost mitigation can be a complicated process. Bat roost mitigation can be a complicated and project-specific process. Further guidance and examples of successful mitigation strategies can be found by referring to the Bat Conservation Trust and Government * websites. See Appendix 6 of this SPD. Further guidance and examples of successful mitigation strategies can be found by referring to the Bat Conservation Trust and Natural England web-sites. See Appendix 6 of this SPD. * All species of bats, their roosts and hibernation places are protected by United Kingdom and European Law. These places can include all sorts of buildings (new and old), bridges, trees and underground places. Page 8 Nature Conservation Supplementary Planning Document Table 5 – Optimal timescales for Badger Sett Closure and Artificial Sett Building Work Jan Feb Mar April May June July Aug Sep Oct Nov Dec Description: Timescale when Badger Sett Closure Sett Closure can take place. (1st July until 30th November) Artificial Artificial Badger Sett Building can take place throughout the year Sett Building Where a badger sett is present within a proposed development area it may be necessary to exclude badgers from a sett. A badger licence is required from Natural England to carry out such work. This licence should detail a method statement with mitigation and compensation measures. If a well-used sett is to be closed then it is likely an artificial sett will be required in compensation. Details of both sett closure and artificial sett building are provided above and below. Further information is also available from Natural England, the Badger Conservation Trust and information within Section 7 and Appendix 6 of this SPD. Page 9 Nature Conservation Supplementary Planning Document Badger Sett Closure Sett closure involves the installation of one-way badger gate across all holes of the sett and wire mesh across the surrounding area to prevent digging. The approach is to leave these gates open for the first seven days following installation to encourage badgers to leave the sett within these first days as the disturbance encourages them to move elsewhere. Following this