EXTENDED PHASE 1 HABITAT SURVEY Way Planning...EXECUTIVE SUMMARY Middlemarch Environmental Ltd was commissioned by Kyle Smart Assocaites to carry out an initial ecological appraisal

EXTENDED PHASE 1 HABITAT SURVEY

LLOYD WAY, KIMPTON, HITCHIN

A Report to Kyle Smart Associates

Middlemarch Environmental Ltd Triumph House

Birmingham Road Allesley Coventry CV5 9AZ

Tel: 01676 525880 Fax: 01676 521400

E-Mail: [email protected] Web Site: www.middlemarch-environmental.com

Report Number: RT-MME-106117-01

November 2009

Extended Phase I Habitat Survey RT-MME-106117-01 Lloyd Way. Kimpton, Hitchin

EXTENDED PHASE 1 HABITAT SURVEY


CONTROLLED COPY

01 OF 02

01 KYLE SMART ASSOCIATES 02 MIDDLEMARCH ENVIRONMENTAL LTD

This report was compiled by: Andrea Powell MSc and

Dr Katy Read MCIWEM MIEEM CEnv DipSM

The contents of this report are the responsibility of Middlemarch Environmental Ltd. It should be noted that, whilst every effort is made to meet the client’s brief,

no site investigation can ensure complete assessment or prediction of the natural environment.

Contract Number C106117-01

November 2009

Middlemarch Environmental Ltd. Page 2


EXECUTIVE SUMMARY

Middlemarch Environmental Ltd was commissioned by Kyle Smart Assocaites to carry out an initial ecological

appraisal of two sites located close together off Lloyds Way, Kimpton, Hitchin. Site 1 includes an area of broad-

leaved woodland, whilst Site 2 includes an existing care-home and associated grounds. To fulfil this brief an

ecological desk study and Extended Phase I Habitat Survey were undertaken.

The ecological desk study revealed no nature conservation site with UK statutory protection and two conservation

sites with non-statutory protection within 1 km of the proposed development site. It is not anticipated that there

would be any adverse affect on these non-statutory nature conservation sites as a result of the proposed

development. The desk study also provided records of notable and protected plants and mammals.

The Extended Phase I Habitat Survey was undertaken on 22nd October 2009 by Andrea Powell, Ecological

Consultant. This survey identified the presence of the following habitats on site: amenity grassland; broad-leaved

woodland; buildings; dense scrub; hard standing; introduced shrubs; poor semi-improved grassland; scattered

broad-leaved trees; scattered coniferous trees; species-poor defunct hedgerows; and, tall ruderal.

The key ecological features on site, in relation to the works proposed, are the broadleaved woodland, scattered

trees, hedgerows and dense scrub which offer potentially suitable habitat for nesting birds. The mature trees also

provide potential roosting opportunities for bats and sett building habitat for badgers. The building provides

potential roosting opportunities for bats. The poor semi-improved grassland and tall ruderal habitats provide

potential foraging habitat for reptiles.

In order to ensure compliance with wildlife legislation and relevant planning policies, the following further works

are recommended:

• Bats: Initial bat survey of the mature trees within the broad-leaved woodland habitat and the building to

identify whether features are present which could provide opportunities for use by roosting bats. Further

emergence survey works may subsequently be required.

• Badgers: Prior to commencement of development a badger survey should be completed to ensure that no

badger setts have been excavated within / close to the proposed development area.

• Reptiles: To ensure the site is made unsuitable for reptiles the poor semi-imporved grassland and tall

ruderal habitat should be strimmed down to 50 mm above ground level and maintained at this height at

least 4 weeks prior to commencement of development. Piles of rubbish / rubble / garden waste should be

cleared by hand between March and September. If reptiles are found during these activities, works should

cease immediately and an ecologist contacted to determine the way forward.

• Nesting Birds: All vegetation clearance should be undertaken outside of the nesting bird season (March –

September inclusive) or if this is not possible, vegetation should be checked by an ecologist immediately

prior to removal.



CONTENTS

1. INTRODUCTION ...................................................................................................................... 5 1.1 PROJECT BACKGROUND ......................................................................................................... 5 1.2 SITE DESCRIPTION ................................................................................................................. 5

2. METHODOLOGY ..................................................................................................................... 6 2.1 DESK STUDY ......................................................................................................................... 6 2.2 EXTENDED PHASE 1 HABITAT SURVEY ................................................................................. 6

3. DESK STUDY RESULTS ......................................................................................................... 7 3.1 INTRODUCTION ...................................................................................................................... 7 3.2 NATURE CONSERVATION SITES ............................................................................................. 7 3.3 PROTECTED SPECIES .............................................................................................................. 7

4. EXTENDED PHASE 1 HABITAT SURVEY .......................................................................... 9 4.1 INTRODUCTION ...................................................................................................................... 9 4.2 SURVEY CONSTRAINTS .......................................................................................................... 9 4.3 HABITATS .............................................................................................................................. 9 4.4 FAUNA ................................................................................................................................. 12

5. DISCUSSIONS AND CONCLUSIONS ................................................................................. 12 5.1 NATURE CONSERVATION SITES ........................................................................................... 13 5.2 HABITATS ............................................................................................................................ 13 5.3 PROTECTED/NOTABLE SPECIES ........................................................................................... 15

6. RECOMMENDATIONS ......................................................................................................... 18

REFERENCES AND BIBLIOGRAPHY ....................................................................................... 20

APPENDICES................................................................................................................................... 21 APPENDIX 1 ................................................................................................................................. 22 APPENDIX 2 ................................................................................................................................. 28 APPENDIX 3 ................................................................................................................................. 26



1. INTRODUCTION

1.1 PROJECT BACKGROUND

In October 2009 Kyle Smart Associates commissioned Middlemarch Environmental Ltd to undertake

an initial ecological appraisal of a proposed development at two sites located off Lloyd Way in

Kimpton, Hertfordshire.

To fulfil the above brief to assess the existing ecological interest of the site, a desk study and an

Extended Phase 1 Habitat Survey was undertaken on 22nd October 2009. A Code for Sustainable

Homes Assessment has also been produced for this site by Middlemarch Environmental Ltd, Report

Reference RT-MME-106117-02.

1.2 SITE DESCRIPTION

The site comprises two areas of land on the south-western boundary of Kimpton. Both sites are

close together and the first (Site 1) comprises an area of broad-leaved woodland and adjacent

habitats. The second area (Site 2) includes an existing care home with associated landscaping. The

sites are located on the southern boundary of Kimpton with residential areas to the north, east and

west and arable land to the south. The site is located at national grid reference TL 171 181.



2. METHODOLOGY

2.1 DESK STUDY

A desk study was undertaken to determine the presence of any designated nature conservation sites

and protected species that have been recorded within a 1 km radius of the site. This involved

contacting appropriate statutory and non-statutory organisations which hold ecological data relating

to the survey area. Middlemarch Environmental Ltd then assimilated and reviewed the desk study

data provided by these organisations.

The consultees for the Desk Study were:

• Natural England - MAGIC website for statutory conservation sites;

• Hertfordshire Biological Records Centre; and

• National Biodiversity Network Gateway website;

The data collected from these consultees is discussed in Section 3. Raw data are provided in

Appendix 1.

2.2 EXTENDED PHASE 1 HABITAT SURVEY

An Extended Phase 1 Habitat Survey was conducted following the methodology of JNCC (1993) as

modified by IEA (1995). Phase 1 Habitat Survey is a standard technique for classifying and mapping

British habitats. The aim is to provide a record of habitats that are present on site. During the survey,

the presence, or potential presence, of protected species was noted. Data recorded during the field

survey is discussed in Section 4.



3. DESK STUDY RESULTS

3.1 INTRODUCTION

From the details provided by the consultees all relevant ecological data has been reviewed. The

results from these investigations for the site are summarised below in Sections 3.2 and 3.3. Data are

provided in Appendix 1.

3.2 NATURE CONSERVATION SITES

Reference to the Multi Agency Geographical Information for the Countryside (MAGIC) website and

the local biodiversity information indicate that no nature conservation sites with statutory protection

and two nature conservation sites with non-statutory protection occur within a 1 km radius of the

survey area. These sites are summarised in Table 3.1.

Table 3.1: Summary of Statutory Sites

Site Name Designation Proximity to Survey Area Description

Non-statutory Sites

Meadow S. of Park Farm CWS 400 m north north-east

Good quality species-rich unimproved grassland site with some large parkland oak trees. Rich short turf with a few low anthills.

Park Wood and Dovehouse Wood CWS 550 m north

Replanted ancient woodland site which retains appropriate ground flora. Also listed as an Ancient Woodland inventory Site.

Key: CWS – County Wildlife Site

Two sites listed on the National Inventory of Woodland and Trees were identified on the MAGIC

search, the closest being located approximately 320 m north of the proposed development site.

3.3 PROTECTED SPECIES

Table 3.2 provides a summary of protected species records within a 1 km radius of the study area. It

should be noted that the absence of records should not be taken as confirmation that a species is absent

from the search area. Records of UK and local Biodiversity Action Plan have also been included

within this table.



Species No. of Records

Most Recent Record

Proximity of Nearest Record to Study Area

UK BAP?

Local BAP?

NERCSect.41 List?

Legislation / Conservation

Status

Veteran and Mature Trees

Oak Quercus sp. 3 2000 550 north north-east -

Walnut Juglans sp. 1 2000 500 north

north-east -

Elm Ulmus sp. 1 2000 800 m north -

Mammals

Brown long-eared bat Plecotus auritus

1 2002 650 m north-east* EHD, WCA Sch.5

Chiroptera bat 2 1998 650 m north-east* EHD, WCA Sch.5

Pipistrelle bat 3 2002 450 m west south-east* EHD, WCA Sch.5

Badger Meles meles 4 1991 600 m

south-west PBA

Water vole Arvicola terrestris

1 1979 800 m east WCA Sch.5

Key: EHD – European Habitats Directive WCA Sch.5 – Wildlife and Countryside Act 1981 (As Amended): Animals which are protected PBA – Protection of Badgers Act 1992 *approximate locations taken from desk study map

Table 3.2: Summary of Protected/Notable Species Records Within 1 km Radius of Study Site



4. EXTENDED PHASE 1 HABITAT SURVEY

4.1 INTRODUCTION

The results of the Extended Phase 1 Habitat Survey are presented in Section 4.2. An annotated

Extended Phase 1 Habitat Survey Drawing (Middlemarch Environmental Ltd Drawing Number

C106117-01) is attached in Appendix 2. This drawing illustrates the location and extent of all

habitat types recorded on site. Any notable features or features too small to map are detailed using

target notes.

The survey was carried out on 22nd October 2009 by Andrea Powell. Table 4.1 details the weather

conditions at the time of the survey.

Parameter Condition Temperature (ºC) 14 Cloud (%) 50 Wind F1 Precipitation None Table 4.1: Weather Conditions During Survey Period

4.2 SURVEY CONSTRAINTS

Within Site 1 (the broad-leaved woodland) undergrowth was dense in some sections and restricted

access to the whole of the woodland floor.

4.3 HABITATS

The following habitat types were recorded on site during the field survey:

• Amenity grassland;

• Broad-leaved woodland;

• Buildings;

• Dense scrub;

• Hard standing;

• Introduced shrubs;

• Poor semi-improved grassland;

• Scattered broad-leaved trees;

• Scattered coniferous trees;

• Species-poor defunct hedgerows; and,



• Tall ruderal.

These habitats are described below. They are ordered alphabetically, not in order of ecological

importance.

Amenity grassland

Amenity grassland was recorded surrounding the existing care home building within Site 2. This

habitat was recently managed.

Broad-leaved woodland

Site 1 was dominated by broad-leaved woodland habitat comprising mature and semi-mature trees.

Mature tree species included oak Quercus robur, ash Fraxinus excelsior, crab apple Malus sylvestris

and horse-chestnut Aesculus hippocastanum whilst semi-mature species included Norway maple

Acer platanoides, field maple Acer campestre, hazel Corylus avellana and hawthorn Crataegus

monogyna. Understorey species included elder Sambucus nigra, holly Ilex aquifolium, hazel,

hawthorn and ash and ground flora comprised ivy Hedera helix, various umbellifers, bramble Rubus

fruticosus agg., ground elder Aegopodium podagraria, dogwood Cornus sanguinea and wood avens

Geum urbanum.

Within the broad-leaved woodland habitat pile of urban debris, brash and garden waste and rubble /

soil piles were recorded.

Buildings

Within Site 2 buildings comprised the existing care-home and a garage. There was also a

greenhouse within the amenity grassland area. The building comprised a modern 2-storey brick

building with a clay tile roof. The building comprised of lots of annexes and therefore the roff

structure was relatively complicated. The windows appeared to be well-sealed and in good

condition.

Dense scrub

Within Site 1, between the broad-leaved woodland habitat and the tall ruderal habitats pockets of

dense scrub were recorded. Species within this habitat included hawthorn Crataegus monogyna,

elder Sambucus nigra and bramble Rubus fruticosus agg.



Hard standing

Hard standing was located within Site 2 in the north-western corner of the site and comprised car

parking areas. In addition a hard standing path was recorded around the perimeter of the building.

Introduced shrubs

Around the existing care-home building within Site 2 pockets of introduced shrub were noted within

planting beds. Species recorded included: Rose of Sharon Hypericum calycinum, cherry laural

Prunus laurocerasus, Cotoneaster sp. and Pyracantha sp. Ornamental flowering annuals /

biannuals were also recorded within these beds.

Poor semi-improved grassland

A small pocket of poor semi-improved grassland was located in the north-eastern corner of the Site

1 area. Species recorded within this habitat included cocks-foot Dactylis glomerata, false oat grass

Arrhenatherum elatius, fescue Festuca sp., creeping thistle Cirsium arvense and nettle Urtica

dioica.

Scattered broad-leaved trees

Within Site 2 a number of broad-leaved trees were recorded which included hazel Corylus avellana,

Norway maple Acer platanoides, Hupeh rowan Sorbus hupehensis, field maple Acer campestre,

rowan Sorbus aucuparia and spindle Euonymus europaeus. These trees did not include features

which may be suitable for bats to roost.

Scattered coniferous trees

Within Site 2 a couple of coniferous trees were recorded which the hedgerow included hazel

Corylus avellana, Norway maple Acer platanoides, Hupeh rowan Sorbus hupehensis, field maple

Acer campestre, rowan Sorbus aucuparia, spindle Euonymus europaeus. These trees did not include

features which may be suitable for bats to roost.

Species-poor defunct hedgerows

Hedgerows were recorded around the eastern boundary of Site 2 and along the southern boundary of

Site 1. Along the southern boundary of Site 1 the hedgerow comprises a line of mature oak trees,

whereas along the eastern boundary of Site 2 the hedgerow includes hawthorn, elder, spindle and

field maple with ivy growing through it.



Tall ruderal

In the north-eastern section of Site 1 tall ruderal habitats were recorded. The habitat was dominated

by nettle Urtica dioica with other species including teasel Dipsacus sp., creeping thistle Cirsium

arvense, rosebay willowherb Chamerion angustifolium, hogweed Heracleum sphondylium, lemon

balm Melissa officinalis and woundwort Stachys sp. Piles of brick rubble were noted throughout

this habitat.

4.4 FAUNA

During the field survey field signs of faunal species were noted and mapped. The time of year at

which the survey is undertaken will affect species or field signs directly recorded during the survey.

Evidence of the following faunal species was observed on site.

Birds

A range of common bird species, including jackdaw Corvus monedula, blackbird Turdus merula and

long-tailed tit Aegithalos caudatus were recorded on site during the field survey.

Mammals

During the field survey squirrel Sciurus carolinensis and rabbit Oryctolagus cuniculus were

recorded.



5. DISCUSSIONS AND CONCLUSIONS


European and UK Statutory Statutory Sites

No European or UK statutory sites were recorded within 1 km of the proposed development site.

Non-Statutory Sites

Two non-statutory sites (County Wildlife Sites) were recorded within a 1km radius of the proposed

development site. The closest site, Meadow S. of Park Farm CWS was located approximately

400 m north north-east of the proposed development site. Given the nature of the development

proposals, the residential land between the proposed development site and the CWS it is not

anticipated that there found be any significant adverse effect on this site as a result of the proposed

development. The same conclusion can be drawn with respect to Park Wood and Dovehouse Wood

CWS.

5.2 HABITATS

The development proposals include:

• 22 no. new 1-4 bedroom houses and 8 no. new 1-2 bedroom flats on Site 1; and,

• 11 no. 1-3 bedroom houses on Site 2.

The ecological importance of the habitats present on site is assessed against their presence on the

UK and Local BAPs and on Section 41 of the NERC Act and their ability to support protected or

notable species. Those habitats which meet any of these criteria and are considered likely to be

impacted by the proposals are highlighted as notable considerations. This is summarised in Table

5.1 and further discussed in the text below.



Habitat Type UK BAP? Local BAP? NERC Act? Is Habitat a Notable

Consideration? Amenity grassland No

Broad-leaved woodland

Yes – important habitat and contains habitat which could be used by nesting birds and

roosting bats Buildings

Yes – contains features which could be used by

roosting bats Dense scrub Yes – habitat could be used

by nesting birds Hard standing No

Introduced shrubs No

Poor semi-improved grassland No

Scattered broad-leaved trees Yes – habitat could be used

by nesting birds Scattered coniferous trees Yes – habitat could be used

by nesting birds Species-poor defunct hedgerows Yes – habitat could be used

by nesting birds Tall ruderal No

Table 5.1: Summary of Ecological Importance of Habitats on Site

The amenity grassland, introduced shrubs, and hard standing habitats within Site 2 are not valuable

habitats and provide minimal opportunity for use by protected or notable species. The small areas of

semi-improved grassland and tall ruderal within Site 1 are limited in extent and provide minimal

habitat for use by protected or notable species (although they would provide a very small areas of

foraging habitat for amphibians and reptiles if these species were present). The piles of rubble

within the habitat and within the adjacent broad-leaved woodland habitat could provide hibernacula

for use by amphibians and reptiles (if present). Given the small areas available and the isolation of

these areas given the surrounding residential and arable land uses, it is not considered that reptiles or

amphibians are likely to be using the site. These habitats are therefore not a notable consideration

with respect to the proposed development.

The broad-leaved woodland habitat is a valuable wildlife habitat and the maturity of the trees within

the woodland means that it is more difficult to replace this habitat. The area provides habitat which

could be used by birds for nesting and bats for roosting and are therefore the habitat is a notable

consideration with respect to the proposed development. The dense scrub and scattered broad-



leaved and coniferous trees also provide habitat suitable for use by nesting birds and therefore these

habitats are a notable consideration.

The existing building within Site 2 contains features which may be used by bats for roosting and

therefore is a notable consideration with respect to the proposed development.

The poor semi-improved grassland and tall ruderal habitats provide suitable foraging areas which

could be used by reptiles.

5.3 PROTECTED/NOTABLE SPECIES

Table 5.2 summarises which species are notable considerations for any development of the survey

area. It also states whether these species are targeted by national or local Biodiversity Action Plans

(BAPs) or afforded some protection under the NERC Act 2006.

Species UK BAP? Local BAP? NERC Act? Is Species a Notable Consideration?

Veteran and Mature Trees Oak Quercus sp. No Walnut Juglans sp. No

Elm Ulmus sp. No Herpetofauna Great crested newt Triturus cristatus

No

Reptile species # # # No Mammals Brown long-eared bat Plecotus auritus

Yes – suitable features on site for bats to use

Chiroptera bat Yes – suitable features on site for bats to use

Pipistrelle bat Yes – suitable features on site for bats to use

Badger Meles meles Yes – suitable habitats on

site for badgers to useWater vole Arvicola terrestris No

Table 5.2: Summary of Ecological Importance of Species on Site

Plants

The mature and veteran trees recorded on the desk study will not be adversely affected by the

proposed development and therefore they are not a notable consideration with respect to the

proposed development.



During the survey no protected or notable plant species were recorded on the site and therefore

plants are not a notable consideration with respect to the proposed development.

Invertebrates

No invertebrate species were included on the desk study or recorded during the site survey. The

habitats within the site do not provide target habitat for notable invertebrates and the habitats are

relatively well represented within the local area, therefore invertebrates are not a notable

consideration with respect to the proposed development.

Herpetofauna

Great crested newt

No records of great crested newt or other amphibians were provided by the desk study. Within the

site piles of rubble were noted which may provide hibernacula for amphibians and the habitats

within Site 1 may provide foraging habitats. However, assessment of the OS 1:25 000 scale maps of

the area identified only one pond within 500 m of the proposed development site, located 450 m

south of the site at Kimpton Hall Farm. Given the distance between this pond and the extensive

arable habitats between the pond and the proposed development site, it is not considered that great

crested newts are likely to be using habitats within the proposed development site and therefore they

are not a notable consideration.

Reptiles

No records of reptiles were provided by the desk study. The poor semi-improved grassland and tall

ruderal habitats within Site 2 could provide suitable foraging / basking habitat for reptiles and the

piles of rubble and garden waste within these habitats and the adjacent broad-leaved woodland

provide potential hibernacula for reptiles to use. However, given the small extent of the habitats

available and the isolation of these habitats surrounded by residential and arable land uses, it is not

considered that reptiles are likely to be using the site and therefore they are not a notable

consideration with respect to the proposed development.



Mammals

Bats

Records of various species of bat were provided by the desk study from within a 1 km radius of the

proposed development site. Habitats exist within the site which may be used by roosting bats

including the building within Site 2, the broad-leaved woodland and the scattered broad-leaved

trees. In addition, bats may be using the broad-leaved woodland area for foraging. Bats are

therefore a notable consideration with respect to the proposed development.

Badgers

Records of badgers were provided by the desk study. Although no signs of badger were recorded

during the site survey, badgers can excavate setts at any time and the broad-leaved woodland habitat

provides suitable areas for sett construction. Badgers are therefore a notable consideration with

respect to the proposed development.

Water vole

Records of water vole were provided by the desk study. No habitats on site are suitable to support

water vole and therefore they are not a notable consideration with respect to the proposed

development.



6. RECOMMENDATIONS


As no adverse effects have been identified as being likely with respect to the non-statutory sites

within 1 km of the proposed development site no further recommendations are provided.

6.2 HABITATS

The following recommendations are made regarding the habitats present on site:

• Habitat Loss: In accordance with the provision of Planning Policy Statement 9 (Biodiversity

& Geological Conservation) and Local Planning Policy, a habitat/species enhancement

scheme should be incorporated into the landscaping scheme of any proposed works to

maximise the ecological value of the site. Details of recommendations with respect to

ecological enhancement are provided within Middlemarch Environmental Ltd Report

RT-MME-106117-02.

• Broad-Leaved Woodland: As broad-leaved woodland is a notable habitat, listed on the

UK and local BAP lists and the NERC Act Section 41 list, it is recommended that where

possible as much of this habitat is retained. Specifically the line of mature oak trees along

the southern boundary of the site should be retained to provide a valuable wildlife corridor

and buffer between the proposed development and the wider countryside.

• Trees: Any trees and/or hedgerows on site, or overhanging the site, which are not to be

removed as a part of any proposed works should be protected in accordance with British

Standard "Trees in relation to construction - Recommendations" BS5837:2005. Protection

should be installed on site prior to the commencement of any works on site.

6.3 PROTECTED / NOTABLE SPECIES

The following recommendations are made regarding protected species that are potentially present on

site:

• Bats: To ensure compliance with the European Habitats Directive and the Wildlife and

Countryside Act 1981 (As Amended) it is recommended that an initial bat survey of the



existing building and the mature trees within the broad-leaved woodland habitat in Site 1

which will be affected by the proposals, be undertaken to determine their potential for use by

roosting bats. Initial bat surveys can be undertaken at any time of year. Should these surveys

recommend that emergence surveys are required, these further surveys can be undertaken

during the bat activity season, generally accepted to be May to September (inclusive).

• Badgers: To ensure compliance with the Protection of Badgers Act 1992, it is recommended

that a badger survey of the broad-leaved woodland habitat and any areas of suitable habitat

within 30 m of the edge of the proposed development be undertaken immediately prior to the

commencement of development to ensure that no badgers have excavated a new sett within /

close to the proposed development area. Badger surveys can be carried out at any time of year,

although if badger setts are identified and may be disturbed as a result of the proposed

development, works to close these badgers setts must be done under a licence from Natural

England, who will only grant licences for sett closure between July and November (inclusive).

• Reptiles: To minimise the potential for the poor semi-improved grassland and tall ruderal

habitat to be used by reptiles or amphibians, it is recommended that the vegetation within these

areas be strimmed down to 50 mm above ground level at least 4 weeks prior to commencement

of development and maintained at this level. Piles of rubbish / rubble / garden waste should be

dismantled by hand between March and October. Should any reptiles be found during these

works, works should cease immediately and an ecologist should be contacted to determine the

way forward.

• Nesting Birds: To ensure compliance under the Wildlife and Countryside Act 1981 (As

Amended), vegetation should be removed outside of the nesting bird season. The nesting bird

season is generally accepted to extend between March and September inclusive. If this is not

possible then the vegetation should be checked by a suitably experienced ecologist

immediately prior to removal to ensure that no nesting birds are present.



REFERENCES AND BIBLIOGRAPHY

Hertfordshire Biodiversity Partnership. (2006). A 50-year vision for the wildlife and natural habitats

of Hertfordshire – a Local Biodiversity Action Plan. Available:

http://www.hef.org.uk/nature/biodiversity_vision/index.htm

IEA. (1995). Guidelines for Baseline Ecological Assessment, Institute of Environmental Assessment.

E&FN Spon, An Imprint of Chapman and Hall. London.

JNCC. (1993). Handbook for Phase 1 Habitat Survey: A technique for environmental audit (reprint).

Joint Nature Conservation Committee, Peterborough.

Middlemarch Environmental Ltd. (2009). ‘Lloyd Way, Kimpton, Hitchin – Code for Sustainable

Homes Assessment’. Middlemarch Environmental Ltd Report RT-MME-106117-02 for Kyle

Smart Associates Ltd.

Planning Policy Statement 9: Biodiversity and Geological Conservation. (2005). Available:

http://www.communities.gov.uk/publications/planningandbuilding/planningpolicystatement12

UK Biodiversity Partnership. (no date). ‘UK Biodiversity Action Plan’. Available:

http://www.ukbap.org.uk


http://www.hef.org.uk/nature/biodiversity_vision/index.htm

http://www.communities.gov.uk/planningandbuilding/planning/planningpolicyguidance/historicenvironment/planningpolicystatement/

http://www.communities.gov.uk/planningandbuilding/planning/planningpolicyguidance/historicenvironment/planningpolicystatement/

http://www.ukbap.org.uk/



APPENDICES

APPENDIX 1: Desk Study Data

APPENDIX 2: Extended Phase I Habitat Survey Drawing C106117-01

APPENDIX 3: Overview of Relevant Legislation


APPENDIX 1

Desk Study Data




Site Check Report Report generated on November 23 2009.

You clicked on the point: Grid Ref: TL171181

Full Grid Ref: 517100 , 218100

The following features have been found within 1,000 metres of your search point:

Counties, Metropolitan Districts and Unitary Authorities (GB) Geographic Level Name

COUNTY HERTFORDSHIRE

NUTS1 - Government Office Regions (GB) Hotlink Name Reference

http://www.statistics.gov.uk/geography/nuts_eofe.asp EAST OF ENGLAND UKH

Ancient Woodland (England) Grid Reference Wood Name Theme ID Theme Name TL173188 PARK/DOVEHOUSE WOODS. 1115925 ANCIENT REPLANTED WOODLAND

National Inventory of Woodland and Trees (England) Feature type Reference date Update type

CONIFEROUS 310398

BROADLEAVED 310398

Local Nature Reserves (England)

There are no features within your search area.

National Nature Reserves (England) There are no features within your search area.

Ramsar Sites (England)


Special Protection Areas (England) There are no features within your search area.

Special Areas of Conservation (England)


Sites of Special Scientific Interest (England) There are no features within your search area.

Important Bird Areas (England)


Reedbeds (England) There are no features within your search area.

RSPB Reserves (England)


http://www.statistics.gov.uk/geography/nuts_eofe.asp


Lloyd Way, Kimpton


HERTFORDSHIRE BIOLOGICAL RECORDS CENTRE c/o Environment, County Hall, Hertford, Herts, SG13 8DN

Tel: 01992 555220 [email protected]

Damon Hall Middlemarch Environmental Ltd Triumph house Birmingham road Allesley Coventry CV5 9AZ

Your Ref: Lloyd Way, Kimpton, Hitchin (106117) Our Ref: enq/c_121009.ajp

Date: 15 October 2009

Dear Damon

Biological data search – Lloyd Way, Kimpton, Hitchin (106117) Thank you for contacting Hertfordshire Biological Records Centre regarding the above. I have made a search of the database and can provide the following information within your search area: • There are no National Nature Reserves (NNR), Special Protection Areas (SPA),

Special Areas of Conservation (SAC) or RAMSAR sites within your area of interest.

• There are no Sites of Special Scientific Interest (SSSI) within your area of

interest. • There are no Local Nature Reserves (LNR) within your area of interest. • There are no Herts and Middlesex Wildlife Trust (HMWT) reserves within your

area of interest. • There are no Regionally Important Geological Sites (RIGS) within your area of

interest. • There are 2 County Wildlife Sites within your area of interest.

Wildlife Sites are sites of significance for their wildlife features in at least a district context and are regarded as critical natural capital in the County development plans. Site Summary Sheets are supplied, and these include brief details on the site location, status, habitats and its description.

• There is 1 Ancient Woodland Inventory site within your area of interest Park

Wood. • There are 5 known Veteran and mature trees within your area of interest. These

have no statutory designation but are regarded as important ecological features in the landscape.

• A protected species search has highlighted a number of records. There are 6 bat

records, 4 badger records and 1 water vole record. Brief reports are supplied which lists the species and 4- or 6- figure grid references of the records depending on the sensitivity. We do not hold comprehensive Bird or Butterfly data yet. Further details for most species groups can be obtained from the local specialist groups and a contact sheet is supplied.

. • Also supplied are 2 GIS plans showing the location of sites and species of

interest. It should be noted that the species dots do not represent the exact location but general area of the species recorded. Many of these records have been exported from a 1km data source. These plans have been provided as the best practicable way of supplying the location details. Please observe copyright restrictions.

I hope this information is useful. Please do not hesitate to get back to me with any queries you might have. As agreed, an invoice for £30.00 + VAT for ½ hour to collate this information, @ £60.00 per hour, will be drawn up shortly and sent separately Yours sincerely, Anita Parry Senior Ecologist

Information on sites, species and habitats is continually being updated in Hertfordshire and the data provided is based on current knowledge from the HBRC database. If a species is not mentioned this does not mean that it is not present at

the site in question, simply that it has not been recorded, or that HBRC has not been made aware of its presence.

Sponsored by:

HERTFORDSHIRE COUNTY COUNCIL, DACORUM BOROUGH COUNCIL, EAST HERTFORDSHIRE DISTRICT COUNCIL, HERTSMERE BOROUGH COUNCIL, NORTH HERTFORDSHIRE DISTRICT COUNCIL, CITY AND DISTRICT OF ST ALBANS, THREE RIVERS DISTRICT

COUNCIL, WELWYN HATFIELD COUNCIL NATURAL ENGLAND and ENVIRONMENT AGENCY

KEY INTERNATIONAL, NATIONAL & LOCAL SITE DESIGNATIONS

Statutory designations RAMSAR Ramsar sites are designated under the Convention on Wetlands of International Importance especially as Waterfowl Habitat. Wetlands are designated, protected and promoted in order to stem the progressive encroachment on and loss of wetlands, which are broadly defined to include marsh, fen, peatland and water. There is 1 Ramsar site in Hertfordshire. All designated Ramsar sites are SSSIs. Special Area of Conservation (SAC) Special Areas of Conservation are sites designated by Member States under the EC Habitats Directive. The aim is to establish a European network of important high quality conservation sites that will make a significant contribution to conserving habitats and species considered to be most in need of conservation at a European level. There are 2 SAC sites in Hertfordshire. Special Protection Area (SPA) Special Protection Areas are designated under the EC Birds Directive, to conserve the habitat of certain rare or vulnerable birds and regularly occurring migratory birds. Any significant pollution or disturbance to or deterioration of these sites has to be avoided. There is 1 SPA site in Hertfordshire, All designated SPAs are SSSIs. National Nature Reserve (NNR) National Nature Reserves are statutory reserves established for the nation under the Wildlife and Countryside Act, 1981. NNRs may be owned by relevant national body (e.g. Natural England in England) or established by agreement; a few are owned and managed by non-statutory bodies. NNRs cover a selection of the most important sites for nature conservation in the UK. There is 1 NNR in Hertfordshire. Site of Special Scientific Interest (SSSI) Sites of Special Scientific Interest are areas notified under the Wildlife and Countryside Act, 1981, as being of ‘special interest for nature conservation’. They represent the finest sites for wildlife and natural features in Great Britain supporting many characteristic, rare and endangered species, habitats and natural features. Notification as a SSSI is primarily a legal mechanism organised by Natural England and selected according to specific criteria. The Guidelines for the Selection of Biological SSSIs, published in 1989 by the Joint Nature Conservancy Council, set down the selection criteria for both biological and geological SSSIs. There are 43 SSSIs in Hertfordshire. Area of Outstanding Natural Beauty (AONB) AONBs are nationally important landscapes that are not National Parks, designated by the Countryside Agency to aid their protection and management. An AONB cannot be included in a simplified planning zone and it is not promoted for active recreation such as a National Parks. The AONB in Hertfordshire has an associated body concerned with the area’s conservation. There is 1 AONB in Hertfordshire.

Local Nature Reserve (LNR) Land owned, leased or managed by Local Authorities and designated under the National Parks and Access to the Countryside Act. A site of some nature conservation value managed for educational objectives - no need for SSSI status. Some reserves are managed by a non-statutory body. Local authorities have the power to pass bylaws controlling (e.g.) access, special protection measures. There are 32 LNRs in Hertfordshire.

Non-statutory Site designations Local Wildlife Site / Wildlife Sites Local Wildlife Sites are non-statutory sites designated at a county level as being of conservation importance and often recognised in Local authority development plans. The aim of this identification is to protect such sites from land management changes, which may lessen their nature conservation interest, and to encourage sensitive management to maintain and enhance their importance. Although WS have no statutory protection they need to be considered in the planning process through Planning Policy Guidance like PPG9 which refers to the Town & Country Planning Act 1990 Section 30. This states that nature conservation issues should be included in the surveys of local authority areas to ensure that the plans are based on fully adequate information about local species, habitats, geology and landform. Plans should be concerned not only with designated areas but also with other land of conservation value and the possible provision of new habitats. There are 1994 Local Wildlife Sites in Hertfordshire Regionally Important Geological / Geomorphological Site (RIGS) Regionally Important Geological/Geomorphological Sites are non-statutory earth science sites. The RIGS networks are locally based voluntary groups drawing on both professional and interest groups identifying sites using a methodical and rational approach. RIGS are analogous to non-statutory biological sites - they are not a second tier but sites of regionally or local importance in their own right. There are 18 RIGS in Hertfordshire. Ancient woodland Ancient Woodland is land that has had a continuous woodland cover since at least 1600 AD and has only been cleared for underwood or timber production. It can be placed in two categories: Ancient Semi-naturual Woodland (ASNW) – woodland that retains a native tree and shrub cover that has not been planted, although it may have been managed by coppicing or felling and allowed to regenerate naturally. This covers all stands of ancient woodland which do not obviously originate from planting. Ancient replanted Woodland (AWS - ancient woodland site or PAWS - plantation on ancient woodland site) – woodland where the original tree cover has been felled and replaced by planting, often with conifers and usually this century. There are 657 ASNW, AWS and PAWS in Hertfordshire. Ecology Database Site (EDS) / Ecosites These sites are considered to be of significance for their wildlife and/or geological features in at least a local context. They are sites with some semi-natural habitat features and/or species interest and are supported by data held in the Hertfordshire Biological Records Centre database. There are 4731 Ecosites in Hertfordshire.

HBRC, November 2008

Wildlife Sites

SITE REFERENCE NAME GRID AREA (ha) RATIFIED42/040 Meadow S. of Park Farm TL174186 1.88 199742/052 Park Wood and Dovehouse Wood TL173189 7.24 1997

wildlife / table1_wswildlife / table1_ws

Ancient Woodland Inventory sites

NAME WOOD TYPE AREA (ha)Park Wood, N of Kimpton (replanted) Ancient Replanted Woodland 7.20

woodland / table1_awwoodland / table1_aw

Meadow S. of Park FarmAdministrative areas: Hertfordshire (English County 1974 -)

Hertfordshire (Watsonian Vice County)Kimpton (Civil Parish)

Status(es): Ecology Database Site by HBRC (Records Centre) as 42/040.Wildlife Site by Wildlife Sites Partnership on 01/01/1997

Centroid: TL174186 (Site Centroid)

Site type: Site

Site/Subsite hierarchy: Meadow S. of Park Farm

File code: 42/040

Description: Good quality species-rich unimproved grassland site with some large parkland Oak Good quality species-rich unimproved grassland site with some large parkland Oak trees. Rich, short turf with a few low anthills. Typical species recorded include Good quality species-rich unimproved grassland site with some large parkland Oak trees. Rich, short turf with a few low anthills. Typical species recorded include Sweet Vernal Grass, Pignut and Field Woodrush. Wildlife Site criteria 6 neutral

Good quality species-rich unimproved grassland site with some large parkland Oak trees. Rich, short turf with a few low anthills. Typical species recorded include Sweet Vernal Grass, Pignut and Field Woodrush. Wildlife Site criteria 6 neutral grassland indicator species.

Originally entered by "Jennifer Jones" on 11/07/2003. Last changed by "Lynn Toynbee" on 22/12/2008.

Meta data:

02

No. of species records:No. of habitat records:

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Park Wood and Dovehouse WoodAdministrative areas: Hertfordshire (English County 1974 -)

Hertfordshire (Watsonian Vice County)Kimpton (Civil Parish)

Status(es): Ancient Woodland Inventory by Nature Conservancy CouncilEcology Database Site by HBRC (Records Centre) as 42/118W.Wildlife Site by Wildlife Sites Partnership on 01/01/1997

Centroid: TL173189 (Site Centroid)

Site type: Site

Site/Subsite hierarchy: Park Wood and Dovehouse WoodPark Wood and Dovehouse Wood....Park Wood (Kimpton)Park Wood and Dovehouse Wood....Park Wood (Kimpton)....Dovehouse Wood

Park Wood and Dovehouse Wood....Park Wood (Kimpton)....Dovehouse Wood

File code: 42/052

Description: Replanted ancient woodland site which retains appropriate ground flora. Wildlife Site criteria: Replanted ancient woodland site which retains appropriate ground flora. Wildlife Site criteria: Ancient Woodland Inventory site.

Originally entered by "Jennifer Jones" on 11/07/2003. Last changed by "Anita Parry" on 15/10/2009.

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Species records

SPECIES YEAR GRID 1 Km SITE PROTECTED BAP LBAPBrown Long-Eared Bat 2002 TL1718 Kimpton Churchyard 1 1Chiroptera (Bat) 1990 TL1718 Kimpton Churchyard 1Chiroptera (Bat) 1998 TL1718 Bury Farm 1Pipistrelle Bat 1998 TL1617 Little Tallents Farm 1Pipistrelle Bat 1998 TL1617 Kimpton Bottom Stoneheaps 1Pipistrelle Bat 2002 TL1718 Kimpton Churchyard 1Badger 1989 TL1617 Kimpton Bottom 1Badger 1989 TL1617 Kimpton Bottom 1Badger 1991 TL1818 Bullslough Farm 1Badger 1991 TL1818 Bullslough Farm 1Water Vole 1979 TL180180 TL1818 TL11Z 1 1 1

species/table1_sppspecies/table1_spp

Veteran & Mature Tree records

SPECIES SURVEY DATE GIRTH (cm) SITE ADDRESS CONTEXT EASTING NORTHING RECORD NUMBEROak 04/10/2000 442 Park Farm Park Lane, Kimpton PS, Pasture 517471 218703 881Oak 04/10/2000 493 Park Farm Park Lane, Kimpton PS, Pasture 517335 218819 882Walnut 04/10/2000 500 Park Farm Park Lane, Kimpton PS, Pasture 517300 218760 883Oak 04/10/2000 419 Park Farm Park Lane, Kimpton PS, Pasture 517298 218841 884Elm species 16/08/2000 100 Park Wood Kimpton WL, Woodland 517200 219000 970

veterantree / table1_v&mtveterantree / table1_v&mt


APPENDIX 2

Middlemarch Environmental Ltd Drawing C106117-01 Extended Phase 1 Habitat Survey


C106117-01Legend| | | | | | | | | | | | | Fence

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Broadleaved woodland

Building

Dense scrub

Hardstanding

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Poor semi-improved grassland

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Client Project

Drawing

Revision

Drawing Number

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Approved By

Drawn ByScale at A3

Notes

November 2009HN

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Lloyds Way, Kimpton C106117-01

This map is reproduced from the Ordance Survey material with the permission of Ordnance Survey on behalf of The Controller of Her Majesty's Stationary Office. (c) Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution of civil proceedings. Licence Number.....................................................................................

Kyle Smart Associates

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Extended Phase 1 Habitat Survey

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APPENDIX 3

Overview of Relevant Legislation



GENERAL LEGISLATION AND POLICY OVERVIEW

This section provides an overview of the framework of legislation and policy which underpins nature conservation and is a material consideration in the planning process in England. The Conservation (Natural Habitats. &c.) Regulations 1994 (as amended) The Habitat Regulations 1994 (as amended 2009) transpose EEC Council Directive 92/43 (The Habitats Directive) into UK law. The regulations place duty upon the relevant authority of the UK government to identify sites which are of importance to the habitats and species listed in Annexes I and II of the Habitats Directive. Those sites which meet the criteria are, in conjunction with the European Commission, designated as Sites of Community Importance, which are subsequently identified as Special Areas of Conservation (SAC) by the European Union member states. The regulations also place a duty upon the UK government to maintain a register of European protected sites designated as a result of EC Directive 79/409/EEC on the Conservation of Wild Birds (The Birds Directive). These sites are termed Special Protection Areas (SPA) and, in conjunction with SACs, form a network of sites known as Natura 2000. The regulations also provide for the protection of individual species of fauna and flora of European conservation concern listed in Schedules 2 and 4 respectively. Schedule 2 includes species such as otter and great crested newt for which the UK population represents a significant proportion of the total European population. It is an offence to deliberately kill, injure, disturb or trade these species in the UK. Schedule 4 plant species are protected from unlawful destruction, uprooting or trade under the regulations. The Wildlife and Countryside Act (WCA)1981 The WCA, as amended, consolidates and amends pre-existing national wildlife legislation in order to implement the Bern Convention and the Birds Directive. It compliments the Conservation (Natural Habitats. &c.) Regulations 1994 (as amended), offering protection to a wider range of species. The Act also provides for the designation and protection of national conservation sites of value for their floral, faunal or geological features, termed Sites of Special Scientific Interest (SSSIs). Schedules of the act provide lists of protected species, both flora and fauna, and detail the possible offences that apply to these species. All relevant species specific legislation is detailed later in this Appendix. The Countryside and Rights of Way (CRoW) Act 2000 The CROW Act, introduced in England and Wales in 2000, amends and strengthens existing wildlife legislation detailed in the WCA. It places a duty on government departments and the National Assembly for Wales to have regard for biodiversity, and provides increased powers for the protection and maintenance of SSSIs. The Act also contains lists of habitats and species (Section 74) for which conservation measures should be promoted, in accordance with the recommendations of the Convention on Biological Diversity (Rio Earth Summit) 1992. The Natural Environment and Rural Communities (NERC) Act 2006 Section 40 of the NERC Act places a duty upon all local authorities and public bodies in England and Wales to promote and enhance biodiversity in all of their functions. Sections 41 (England) and



42 (Wales) list habitats and species of principal importance to the conservation of biodiversity. These species and habitats are a material consideration in the planning process. The Hedgerow Regulations 1997 The Hedgerow Regulations make provision for the identification of important hedgerows which may not be removed without permission from the Local Planning Authority. UK BIODIVERSITY ACTION PLAN The United Kingdom Biodiversity Action Plan (UKBAP), first published in 1994 and updated in 2007, is a government initiative designed to implement the requirements of the Convention of Biological Diversity to conserve and enhance species and habitats. The UKBAP contains a list of priority habitats and species of conservation concern in the UK, and outlines biodiversity initiatives designed to enhance their conservation status. Lists and Broad and Local habitats are also included. The priority habitats and species correlate with those listed on Section 74 of the CRoW Act and Section 41/42 of the NERC Act. The UKBAP requires that conservation of biodiversity is addressed at a County level through the production of Local BAPs. These are complimentary to the UKBAP, however are targeted towards species of conservation concern characteristic of each area. In addition, a number of local authorities and large organisations have produced their own BAPs. UKBAP and Local BAP targets with regard to species and habitats are a material consideration in the planning process. PLANNING POLICY

Planning Policy Statement 9 Planning Policy Statement 9 provides guidance to local authorities regarding the protection of biodiversity and geology through the planning system in England. Key principles relating to biodiversity include:

• Development plan policies and planning decisions should be based upon up-to-date information about the environmental characteristics of their areas. These characteristics should include the relevant biodiversity and geological resources of the area. In reviewing environmental characteristics local authorities should assess the potential to sustain and enhance those resources.

• Plan policies and planning decisions should aim to maintain, and enhance, restore or add to

biodiversity and geological conservation interests. In taking decisions, local planning authorities should ensure that appropriate weight is attached to designated sites of international, national and local importance; protected species; and to biodiversity and geological interests within the wider environment.

• Plan policies should promote opportunities for the incorporation of beneficial biodiversity

and geological features within the design of development.



SPECIES SPECIFIC LEGISLATION Bats and the places they use for shelter or protection (i.e. roosts) are protected under both European Law (The Conservation (Natural Habitats &c.) Regulations 1994) and UK law (the Wildlife and Countryside Act (WCA) 1981). This protection means that bats, and the places they use for shelter or protection, are a material consideration in the planning process. European Law The most recent amendment (2009) to Regulation 39 of the Habitat Regulations, states that a person commits an offence if he-

• deliberately captures, injures or kills a bat; • deliberately disturbs bats; or, • damages or destroys a bat roost (breeding site or resting place).

It is an offence for any person to-

• have in his possession or control; • to transport; • to sell or exchange; or • to offer for sale,

any live or dead bats, part of a bat or anything derived from bats which has been unlawfully taken from the wild. A person found guilty of an offence is liable on summary conviction to imprisonment for a term not exceeding six months and/or to a fine not exceeding level 5 on the standard scale. UK Law Whilst broadly similar to the above legislation, the following differences occur:

• Section 9(1) of the WCA 1981 (as amended) makes it an offence to intentionally (rather than deliberately) kill, injure or take any protected species.

• Section 9(4)(a) of the WCA makes it an offence to intentionally or recklessly* damage or destroy, or obstruct access to, any structure or place which a protected species uses for shelter or protection.

• Section 9(4)(b) of the WCA makes it an offence to intentionally or recklessly* disturb any protected species while it is occupying a structure or place which it uses for shelter or protection.

*Reckless offences were added by the Countryside Rights of Way Act 2000. The Natural Environment and Rural Communities Act 2006 places a duty on public bodies to have regard for the conservation of biodiversity and maintains lists of species and habitats which are of principal importance for the purposes of conserving biodiversity in England and Wales. Bats are included on these lists. As bats re-use the same roosts (breeding site or resting place) after periods of vacancy, legal opinion is that roosts are protected whether or not bats are present. The reader is referred to the original legislation for the definitive interpretation.



Badgers Badgers and their setts are protected under the Protection of Badgers Act 1992. The Protection of Badgers Act 1992 is based primarily on the need to protect badgers from baiting and deliberate harm or injury. Badgers are not protected for conservation reasons. All the following are criminal offences:

• To intentionally or recklessly interfere with a sett. Sett interference includes disturbing badgers whilst they are occupying a sett, as well as damaging or destroying a sett or obstructing access to it.

• To willfully kill, injure, take, possess or cruelly ill-treat a badger, or to attempt to do so.

A badger sett is defined in the legislation as: • ‘Any structure or place that displays signs indicating current use by a badger’.

‘Current use’ is not synonymous with current occupation and a sett is defined as such (and thus protected) as long as signs of current usage are present. Therefore a sett is protected until such a time as the field signs deteriorate to such an extent that they no longer indicate ‘current usage’. Badger setts can be disturbed inadvertently by a multitude of operations including excavation and coring, even if there is no direct interference or damage to the sett. Any intentional or reckless work that disturbs badgers is illegal without a licence from Natural England. Previous guidance from English Nature (2002) considered that the following types of activity may require licensing within certain distances of the sett entrances.

• Using very heavy machinery (generally tracked vehicles) within 30 m of any entrance to an active sett.

• Using lighter machinery (generally wheeled vehicles), particularly any digging operation, within 20 m of any entrance to the active sett.

• Light work such as hand digging or scrub clearance within 10 m of any entrance to the active sett.

However, some activities may cause disturbance at greater distances, including pile driving and the use of explosives. These activities require individual consideration to ensure that best ecological practice is followed, however it is generally considered that a licence is required if these works are undertaken within 50 m of an active badger sett. New guidance was issued by Natural England in 2009 which states that disturbance is something less than what might otherwise be considered damage to a sett, but it is also something more than limited noise or activity near a sett at levels which badgers commonly tolerate, without apparently being disturbed. Natural England therefore believes that badgers are relatively tolerant of moderate levels of disturbance at or near to badger setts, but such disturbance does not necessarily disturb the badgers occupying the setts. The disturbance, which different activities may or may not cause to a badger sett, should therefore be assessed on a case by case basis. Although the above prescriptive distances are no longer referred to by Natural England, they are still used within this report as an aid to assessing where the works would constitute a disturbance to each sett. The reader is referred to: English Nature (2002) Badgers and Development for additional interpretation of the legislation and licensing procedures.



Reptiles All of the UK’s native reptiles are protected by law. The two rarest species – sand lizard (Lacerta agilis) and smooth snake (Coronella austriaca) benefit from the greatest protection. Common lizard (Lacerta vivipara), slow-worm (Anguis fragilis), adder (Vipera berus) and grass snake (Natrix natrix) are protected under the Wildlife and Countryside Act 1981 as amended from intentional killing or injuring. Sand lizard and smooth snake are protected under the Wildlife and Countryside Act 1981 (as amended) and the Conservation (Natural Habitats, & c.) Regulations 1994 which together make it illegal to kill, injure, capture, handle or disturb these animals. Places they use for breeding, resting, shelter and protection are protected from being damaged or destroyed. It is also illegal to obstruct these animals from using such areas. In England and Wales, this Act has been amended by the Countryside and Rights of Way Act 2000 (CRoW), which adds an extra offence, makes species offences arrestable, increases the time limits for some prosecutions and increases penalties. The Natural Environment and Rural Communities (NERC) Act 2006 places a duty on Government Departments to have regard for the conservation of biodiversity and maintains lists of species and habitats which are of principal importance for the purposes of conserving biodiversity in England and Wales. All native reptile species are included on these lists. The reader is referred to the original legislation for the definitive interpretation. This is a simplified description of the legislation. In particular, the offences mentioned here may be absolute, intentional, deliberate or reckless. Note that where it is predictable that reptiles are likely to be killed or injured by activities such as site clearance, this could legally constitute intentional killing or injuring. English Nature (2004) has stated that: Reptiles are likely to be threatened, and the law potentially breached, by activities such as the following: • Archaeological and geotechnical investigations • Clearing land, installing site offices or digging foundations • Cutting vegetation to a low height • Laying pipelines or installing other services • Driving machinery over sensitive areas • Storing construction materials in sensitive areas • Removing rubble, wood piles and other debris. In general Natural England would expect reasonable avoidance to include measures such as altering development layouts to avoid key areas, as well as capture and exclusion of reptiles.

a) For sand lizards and smooth snakes, licences may be issued for some activities (such as disturbance and capture) that would otherwise be prohibited.

Source: English Nature (2004) Reptiles: guidelines for developers. But updated in 2009 following the removal of a section of the old legislation about “necessary work”.



Nesting and Nest Building Birds Nesting and nest building birds are protected under the Wildlife and Countryside Act WCA 1981 (as amended). Some species (listed in Schedule 1 of the WCA) are protected by special penalties. Subject to the provisions of the act, if any person intentionally –

• kills, injures or takes any wild bird; • takes, damages or destroys the nest of any wild bird while that nest is in use or being

built; or • takes or destroys an egg of any wild bird,

he shall be guilty of an offence. ‘Reckless’ offences with regard to the disturbance of nesting wild birds included in Schedule 1 of the Wildlife and Countryside Act were added by the Countryside and Rights of Way Act 2000. The Natural Environment and Rural Communities (NERC) Act 2006 places a duty on Government Departments to have regard for the conservation of biodiversity and maintains lists of species and habitats which are of principal importance for the purposes of conserving biodiversity in England and Wales. These lists include a number of bird species.




MIDDLEMARCH ENVIRONMENTAL LTD

QUALITY ASSURANCE

TITLE: EXTENDED PHASE 1 HABITAT SURVEY


A Report to Kyle Smart Associates Ltd

Contract Number: C106117

Report Number: RT-MME-106117-01

Revision Number: 00

Description: Final

Date: November 2009

Checked by:

James Calow Principal Consultant

Approved by:

Dr Philip Fermor Managing Director

Documents

EXTENDED PHASE 1 HABITAT SURVEY Way Planning...EXECUTIVE SUMMARY Middlemarch Environmental Ltd was commissioned by Kyle Smart Assocaites to carry out an initial ecological appraisal