Parkside Regeneration LLP Former Parkside Colliery Amphibian Survey Report FPC-ARP-ZZ-XX-RP-YE-00004 ISSUE | 4 September 2015 This report takes into account the particular instructions and requirements of our client. It is not intended for and should not be relied upon by any third party and no responsibility is undertaken to any third party. Job number 237135-00 Ove Arup & Partners Ltd 6th Floor 3 Piccadilly Place Manchester M1 3BN United Kingdom www.arup.com
Great Crested Newt Reportinstructions and requirements of our
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It is not intended for and should not be relied
upon by any third party and no responsibility
is undertaken to any third party.
Job number 237135-00
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Simon Small
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1.2 Survey Objectives 3
1.3 Report Structure 3
2 Legal Context 4
2.1.3 Natural Environment and Communities Act 2006 4
2.1.4 EC Directive Conservation of Natural Habitats & Flora
(92/43/EEC) 4
2.1.5 National Planning Policy Framework 5
2.1.6 St. Helens Biodiversity Action Plan (BAP) 5
2.2 Great Crested Newts 6
3 Methodology 7
3.2.2 Great Crested Newt Survey Methodology 8
3.3 Limitations 8
4 Results 10
5.1 Best Practice 12
Tables
Table 2.1: Species and Habitat Action Plans covered within St.
Helens BAP
Figures
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Appendices
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Executive Summary
Ove Arup and Partners Ltd (Arup) was commissioned by Parkside
Regeneration LLP (PRLLP) to undertake an amphibian survey to inform
the masterplanning process of the Former Parkside Colliery (FPC)
site. This site is located within the Newton-le-Willows area of St
Helens, Merseyside. The purpose of the survey was to determine the
presence or likely absence of amphibians including great crested
newts Triturus cristatus within the proposed development
area.
The amphibian survey was carried out in May/June 2015 during
suitable weather conditions and followed current guidance.
Great crested newts were not recorded at any of the 12 waterbodies
surveyed. However, smooth newts Lissotriton vulgaris, common toad
Bufo bufo and/or common frog Rana temporiaria were recorded within
nine of the waterbodies on site.
No statutory protection is afforded common toads, common frogs or
common newts (smooth or palmate), unlike great crested newts.
However, common toad has been classified as a Priority Species
within the former UK BAP and is now included in Section 41: Species
of Principal Importance in England under the NERC Act 2006.
In keeping with best practice it is recommended that appropriate
measures are implemented through the adoption of a Method Statement
to safeguard common amphibian species within the Former Parkside
Colliery site, specifically common toad.
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1 Introduction
Ove Arup and Partners Ltd (Arup) was commissioned by Parkside
Regeneration LLP (PRLLP) to undertake an amphibian survey in order
to determine the presence or likely absence of amphibians including
great crested newts Triturus cristatus at the Former Parkside
Colliery (FPC) site. The site is located within the
Newton-le-Willows area of St Helens, Merseyside.
1.1 Site and Scheme Description
The site is located approximately 6km to the north of the centre of
Warrington and 8km to the east of the centre of St Helens and is
the site of the former Parkside Colliery (Figure 1.1). The
approximate grid reference of the centre of the site is
SJ6002194728. The land within the site is currently the subject of
a masterplanning process to identify suitable areas for
development.
Figure 1.1: Site location
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1.2 Survey Objectives
The ownership boundary for the site is shown on Drawing 2.1
(indicated by the blue line). This area is referred to as ‘the
site’ within the remainder of this report.
A Preliminary Ecological Appraisal (PEA) of the site was undertaken
in July 20141. This survey identified 12 waterbodies on the site as
potentially suitable
breeding habitat for amphibians, including great crested newts
(Drawing 2.1, Phase 1 Habitat survey map).
The purpose of the amphibian survey was to ascertain the presence
or likely absence of amphibian species and in particular, great
crested newts, within the surveyed waterbodies. This report
presents the findings of the surveys, identifies whether further
survey works are required and recommends mitigation and enhancement
measures, as appropriate. This document will provide ecological
information to guide the masterplanning process.
1.3 Report Structure
The report includes:
Section 1: Introduction
1 Arup (2014). Former Parkside Colliery Ecological Appraisal
.
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2.1.1 Wildlife and Countryside Act 1981 (as amended)
This is the primary legislation covering endangered species in
England and sets out the framework for the designation of Sites of
Special Scientific Interest (SSSIs). It confers differing levels of
protection on species themselves, their habitats or both, depending
on their conservation status. Species offered protection by the Act
are listed in a series of schedules. These Schedules are subject to
a rolling review on a five yearly basis. Protected species are
listed under Schedule 1 (birds), Schedule 5 (animals other than
birds and invertebrate; including great crested newts) and Schedule
8 (plants).
2.1.2 Countryside and Rights of Way Act 2000
This Act affords a greater level of protection to Sites of Special
Scientific Interest (SSSIs), provides enhanced management
arrangements for Areas of Outstanding Beauty (AONBs) and
strengthens wildlife enforcement legislation. This Act has amended
the Wildlife and Countryside Act by the addition of the term
‘recklessly’ to Section 1(5) and Section 9(4) which has resulted in
additional obligations with respect to protected species. As such,
it is now an offence to intentionally or recklessly disturb
protected species listed on the relevant Schedules of the WCA
1981.
2.1.3 Natural Environment and Communities Act 2006
The Natural Environment and Rural Communities (NERC) Act 2006, is
designed to help achieve a rich and diverse natural environment and
thriving rural communities. The Act implements key elements of the
Government’s Rural Strategy published in July 2004 and includes
under Section 40 a Duty to conserve biodiversity; specifically
Subsection (1) states ‘Every public authority must, in exercising
its functions, have regard, so far as is consistent with the proper
exercise of those functions, to the purpose of conserving
biodiversity.’ Section 41 (S41) of the Act requires the Secretary
of State to publish a list 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. Current amphibian species
recorded on the list include great crested newt and common
toad.
2.1.4 EC Directive Conservation of Natural Habitats & Flora
(92/43/EEC)
The Conservation of Habitat and Species Regulations 2010 (as
amended) are the British response to the Habitats & Species
Directive 1992 issued by the European Commission (EC). They offer
protection to a number of plant and animal species throughout the
EC via the designation of Special Areas of Conservation
(SACs)
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and Special Protection Areas (SPAs). In the United Kingdom these
regulations are implemented through the Wildlife and Countryside
Act 1981 (as amended).
The Regulations for the protection of European Protected Species
(EPS) have been amended and consolidated with key changes including
the removal of most of the defences from regulation 40 and
regulation 43 including the removal of the ‘incidental result of an
otherwise lawful operation’ defence, and the increase in the
threshold for the offence of deliberately disturbing an EPS.
Proposals that will affect European protected species may require a
licence from Natural England to allow an otherwise unlawful act. In
2009 a new offence of ‘breaching condition of an EPS licence’ was
added to the regulations. The licensing process is separate from
the planning process. Great crested newt is a European protected
species.
2.1.5 National Planning Policy Framework
National Planning Policy Framework 2012 (NPPF) also places a duty
on all public bodies including local planning authorities to
consider habitats and species of Principal Importance listed in
Section 41 of the NERC Act and Priority Species/Habitats within
Biodiversity Action Plans when considering a planning
application.
2.1.6 St. Helens Biodiversity Action Plan (BAP)
The St Helens BAP has been prepared in response to the national
biodiversity initiatives set out in the UK Biodiversity Action
Plan. It sets out habitats and species of local, regional, national
and international importance within the district and sets targets
for increasing habitats and populations of key species. The
habitats and species listed within the St. Helens BAP for which
Action Plans have been created and relevant to amphibians on site
are detailed in Table 2.1. Great crested newts are included on this
list.
Table 2.1: Species and Habitat Action Plans covered within St.
Helens BAP
Habitats Species
Reedbeds Wet woodland
Great crested newt
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2.2 Great Crested Newts
The great crested newt is fully protected through its inclusion in
Schedule 5 of the Wildlife and Countryside Act, 1981 (as amended)
and in Schedule 2 of The Conservation of Habitats and Species
Regulations, 2010 (as amended). Under the legislation, it is an
offence to intentionally kill, injure or take a great crested newt
as well as intentionally or recklessly disturb, damage, destroy or
obstruct access to any structure or place used for shelter or
protection by a great crested newt or disturb an animal while it is
occupying a structure or place which it uses for that purpose. The
legislation applies to great crested newts in both aquatic and
terrestrial habitats and to all life stages.
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3 Methodology
3.1 Desk Study
The following sources were consulted in relation to known records
of amphibians within 1km of the proposed application site in July
2014:
Merseyside Biobank.
rECOrd (biodiversity information system for Cheshire, Halton,
Warrington and Wirral).
The Environment Partnership (TEP) undertook an amphibian survey of
the Parkside site in 20042. A terrestrial amphibian survey was
undertaken by TEP on behalf of ProLogis Astral (Warrington) Ltd in
20073 around Parkside Farm which is located approximately 350m to
the east of the site. The TEP reports were utilised as part of the
desk study.
3.2 Amphibian Survey
All surveys were undertaken by Amy Martin. At the time of
surveying, Amy had two years’ experience and held a Class 1 great
crested newt licence (licence number – 2014-5718-CLS-CLS). Amy was
assisted by two junior assistants, Adam Connell and Will
Holloway.
3.2.1 Habitat Suitability Index (HSI)
In compliance with current guidance (English Nature, 2001)4,
suitable waterbodies within a 250m radius of the proposed site area
(where access could be gained) were assessed as to their potential
to support a breeding population of great crested newts. This
assessment was undertaken using the Habitat Suitability Index (HSI)
developed by Oldham et al. (2000)5 which considers several habitat
/ ecological parameters. Habitat variables measured include
location, desiccation, water quality, macrophyte cover, terrestrial
habitat quality, etc. A value is recorded for each parameter and
combined to determine an index of breeding suitability for great
crested newts. The HSI is represented by a value from 0 to 1, the
higher the value the more likely it is that the waterbody may
support breeding great crested newt.
2 TEP (2004). Strategic Rail Freight Interchange (SRFI),
Newton-le-Willows. Amphibian Survey.
TEP document reference 868.007. 3 TEP (2007). Parkside Strategic
Rail Freight Interchange, Newton-le-Willows. Terrestrial
Amphibian Survey, Parkside Farm 2007. Strategic Environmental
Statement (SES) Appendix F. 4 English Nature (now Natural England)
(2001). Great crested newt mitigation guidelines. English
Nature, Peterborough 5 Oldham, R.S., Keeble, J., Swan, M.J., and
Jeffcote, M., (2000) ‘Evaluating the suitability of
habitats for great crested newt (Triturus cristatus)’
Herpetological Journal 10: 143-15.
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3.2.2 Great Crested Newt Survey Methodology
The waterbodies were surveyed following the standard methodology
for determining the presence / likely absence of great crested
newts, as specified in Natural England’s great crested newt
mitigation guidelines (English Nature, 2001). This requires
undertaking four survey visits in suitable weather conditions (i.e.
average night air temperature of >5°C; low wind speed; and not
during heavy rain), with at least two of these visits between
mid-April and mid-May. The fifth and sixth survey visits are only
undertaken if great crested newts are either found during the
initial four visits or known to be present.
As recommended by Natural England the surveys utilised at least
three of the approved survey methods during each survey visit. This
included egg searching, torchlight surveying, bottle trapping and
netting where possible. Additionally, potential refugia /
hibernacula within the immediate terrestrial habitat were also hand
searched for amphibians. All searches and assessments were
undertaken by two ecologists with at least one of the ecologists on
each visit holding a great crested newt licence. Survey dates and
weather conditions are detailed in Table 3.1: Survey schedule and
weather conditions.
Table 3.1: Survey schedule and weather conditions.
Waterbodies Visit number Date Weather conditions
1-12 1 22/04/2015 - 23/04/2015
Minimum temperature: 4.1°C
Ground: damp
3.3 Limitations
Six of the waterbodies (WB2, WB3, WB4, WB5, WB7 and WB10) within
the site were ephemeral and therefore were not always present
during survey visits (Drawing 2.1). Five of the waterbodies are
very shallow (WB1, WB3, WB4, WB5, WB7) and so could not be bottle
trapped. However, three methods were
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used on each waterbody on each occasion as outlined in the survey
guidelines (English Nature, 2001).
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4 Results
4.1 Desk Study
Records of common toad, palmate newt Lissotriton helveticus and
smooth newt, were identified within the site. There are no records
of great crested newts, within the site or the 1km buffer. A
summary of amphibian records is provided in Table 4.1.
Table 4.1: Amphibian records within 1km of the site.
Species Number of records Location of nearest record
Smooth newt 28 Within the site
Palmate newt 27 Within the site
Common toad 2 Within the site
Common frog 2 Approximately 800m to the west of the site
A site wide amphibian survey was undertaken by TEP in 2004 which
did not identify the presence of great crested newts within the
site. A terrestrial amphibian survey was undertaken by TEP on
behalf of ProLogis Astral (Warrington) Ltd in 2007 around Parkside
Farm which is located approximately 350m to the east of the site.
The survey involved the use of pitfall traps and no great crested
newts were identified. A reptile survey undertaken by TEP within
the site in 20076 also did not identify any terrestrial great
crested newts.
4.2 HSI Assessment
A HSI assessment was undertaken during the initial Phase 1 Habitat
survey undertaken in July 2014. Twelve waterbodies were identified
within the site, six of which were dry at the time of the Phase 1
Habitat survey (WB2, WB3, WB4, WB5, WB7, WB10). The remaining six
waterbodies were assessed using the HSI assessment (Oldham et al.
2000) as having between average and excellent suitability for great
crested newts. All waterbodies were re-visited during the amphibian
survey in April-June 2015. The habitat mosaic within the site
provides suitable terrestrial habitat for amphibians due to the
presence of woodland, scrub and rough grassland.
The results of the HSI assessment undertaken in 2014 are summarised
in Table 4.2.
Table 4.2: HSI assessment results.
Waterbody Grid Reference HSI Score HSI Result
WB1 SJ60089485 0.78 Good
6 TEP (2007). Parkside Strategic Rail Freight Interchange,
Newton-le-Willows. Reptile Survey
2007. Appendix E of Supplementary Environmental Statement (SES),
Volume 3.
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WB6 SJ60199540 0.82 Excellent
WB8 SJ60269526 0.72 Good
WB9 SJ60129523 0.70 Good
WB11 SJ60219426 0.64 Average
WB12 SJ60259426 0.70 Good
4.3 Field Survey Results
The results of the survey undertaken between April and June 2015
are summarised in Table 4.3 and detailed in Appendix A.
Table 4.3: Summary of 2015 amphibian survey data.
Waterbody Maximum Adult Count
WB1 0 0 0 4 0 24
WB2 0 0 0 0 0 0
WB3 0 0 0 0 0 0
WB4 0 0 0 3 0 2
WB5 0 0 0 4 0 8
WB6 2 1 0 5 0 8
WB7 0 1 0 3 0 14
WB8 0 0 0 6 0 0
WB9 2 1 0 4 0 4
WB10 0 0 0 0 0 0
WB11 0 0 0 1 0 0
WB12 0 0 0 10 0 7
To summarise, no great crested newts were recorded within any of
the waterbodies, which were surveyed in accordance with English
Nature (now Natural England) guidelines. Consequently, a population
size class assessment was not undertaken. However, three species of
amphibian were recorded, including smooth newts, common toad and
common frog (Appendix A).
7 ‘Small newt species’ refers to female smooth / palmate newts that
cannot be reliably identified by torchlight.
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5 Discussion and Recommendations
The amphibian presence / likely absence surveys carried out at the
Former Parkside Colliery did not record great crested newts at any
of the surveyed waterbodies. However, smooth newts were identified
within nine of the waterbodies on site, common toad were identified
within three waterbodies and common frog were recorded within two
waterbodies.
No statutory protection is afforded common toads, common frogs or
common newts (smooth or palmate), unlike great crested newts.
However, common toad has been classified as a Priority Species
within the former UK BAP and are now included in Section 41:
Species of Principal Importance in England under the NERC Act
2006.
5.1 Best Practice
In keeping with best practice it is recommended that appropriate
measures are implemented through the adoption of a Method Statement
to safeguard common amphibian species within the Former Parkside
Colliery site, specifically common toad. The following measures
should be considered:
Conserve part of the existing waterbodies and suitable terrestrial
habitat (e.g. woodland habitats) located at the site.
Consider the potential for improving any retained waterbodies at
the site in relation to amphibians as part of the proposed
development.
Implement a suitable Method Statement to safeguard general
amphibian species, particularly common toad, should suitable
terrestrial habitat be directly affected by proposals.
In the unlikely event that great crested newts are found, to ensure
legal compliance, then works must be stopped and advice should be
sought from a suitably qualified ecologist in the first
instance.
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This report is the result of survey work undertaken in May-June
2015. This report refers, within the limitations stated, to the
condition or proposed development of the site at the time of the
inspections. Changes in legislation, guidance, best practice, etc.,
may necessitate a re-assessment / survey. It is also advised that
if there is a delay of over two years in undertaking the works, a
re-survey may be required. No warranty is given as to the
possibility of future changes in the condition of the site.
This report is produced solely for the benefit of Parkside
Regeneration LLP (PRLLP) and no liability is accepted for any
reliance placed on it by any other party. This report is prepared
for the proposed uses stated in the report and should not be used
in a different context.
Drawings
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Drawing 2.1 Phase 1 Habitat survey map
Appendix A
Amphibian Results
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Date 22/04/2015 –
0 0
Turbidity (0 =
5 = totally
female small
newts and 5
small female newts
small female
female smooth newts
0 0 0
Waterbody 2: Amphibian survey results.
Date
22/04/2015 –
23/04/2015
07/05/2015 -
08/05/2015
21/05/2015 –
22/05/2015
03/06/2015 –
04/06/2015
5 = totally
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Date 22/04/2015 – 23/04/2015
trap)
1 1
5 = totally obscured)
GCN Max count 0
Comments Waterbody held approximately 15cm of water on last two
visits – ephemeral.
Waterbody 4: Amphibian survey results.
Date 22/04/2015 – 23/04/2015
trap)
1 1
5 = totally obscured)
small female newts
GCN Max count 0
Comments Waterbody held approximately 15cm of water on last two
visits.
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Date 22/04/2015 – 23/04/2015
trap)
1 1
5 = totally obscured)
small female
GCN Max count 0
Comments Approximately 15cm of water on last two vis its – to
shallow to bottle trap.
Waterbody 6: Amphibian survey results.
Date 22/04/2015 – 23/04/2015
1 4 5 4/5
5 = totally obscured)
female small
newts and 8 small female
newts
newts and 5 small female
newts
small female newts
newt 0
Other methods
Comments Turbidity increased throughout surveys but remained clear
under trees.
Parkside Regeneration LLP Former Parkside Colliery Amphibian Survey
Report
FPC-ARP-ZZ-XX-RP-YE-00004 | ISSUE | 4 September 2015
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UPDATED
REPORTS\GCN-FPC-ARP-ZZ-XX-RP-YE-00004.DOCX
Page A4
Date 22/04/2015 – 23/04/2015
trap)
0 0
5 = totally obscured)
common toad
GCN Max count 0
Comments Approximately 10cm of water on moss on last two visits.
Waterbody is ephemeral.
Waterbody 8: Amphibian survey results.
Date 22/04/2015 – 23/04/2015
5 5 5 4.5
5 = totally obscured)
newt
newt
(netting and egg search)
0 0 0 0
GCN Max count 0
Comments Water covered in duckweed and very turbid. Lots of leaf
litter, pond in
woodland.
FPC-ARP-ZZ-XX-RP-YE-00004 | ISSUE | 4 September 2015
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UPDATED
REPORTS\GCN-FPC-ARP-ZZ-XX-RP-YE-00004.DOCX
Page A5
Date 22/04/2015 – 23/04/2015
1 1 1 1
5 = totally obscured)
newts
newt
search)
Date
22/04/2015 –
23/04/2015
07/05/2015 -
08/05/2015
21/05/2015 –
22/05/2015
03/06/2015 –
04/06/2015
obscured)
Torching
Parkside Regeneration LLP Former Parkside Colliery Amphibian Survey
Report
FPC-ARP-ZZ-XX-RP-YE-00004 | ISSUE | 4 September 2015
\\GLOBAL\EUROPE\LIVER POOL \JOBS\230000\237135-00\4 INTERNAL
PROJECT DATA\4-05 REPORTS\4-05-10 ENVIRONMENTAL\ECOLOGY\JO E'S
UPDATED
REPORTS\GCN-FPC-ARP-ZZ-XX-RP-YE-00004.DOCX
Page A6
Date 22/04/2015 – 23/04/2015
4 2 3 3.5
5 = totally obscured)
newt
newt
0
search)
Date 22/04/2015 –
5 = totally
small female
smooth newt
Other methods
0 0 0 0
GCN Max count 0