United Environmental Services Ltd 1 Booths Park Chelford Road Knutsford Cheshire WA16 8QZ Telephone 01565 757788 Mobile 07736 683151 [email protected] www.ues.org.uk Reptile Presence / Absence Survey At Former Stanton Foundry Works Gate 2 Merlin Way Ilkeston Derbyshire DE7 4BG NGR: SK 47514 39463 For Trust Utilities Management Ltd c/o Oaktree Environmental Prepared for: Surveyed by: Approved by: Trust Utilities Management Ltd Toby Hart, Declan Ghee Toby Hart, Managing Director UES reference: Date: UES01304/05 22nd October 2014 Contents Executive summary .................................................................................................... 3 1 Introduction .......................................................................................................... 4 1.1 Author, surveyors and qualifications .................................................................. 4 1.2 Instructions received from the client................................................................... 4 1.3 Survey objectives, issues and focus .................................................................. 4 1.4 Structure of the report ........................................................................................ 4 2 Methodology ......................................................................................................... 5 2.1 Desk study......................................................................................................... 5 2.2 Survey technique ............................................................................................... 5 2.3 Equipment ......................................................................................................... 5 2.4 Timings .............................................................................................................. 6 2.5 Presence / absence survey................................................................................ 6 2.6 Habitat assessment ........................................................................................... 6 2.7 Limitations ......................................................................................................... 6 3 Results .................................................................................................................. 7 3.1 Desk study......................................................................................................... 7 3.2 Survey timings and weather conditions .............................................................. 7 3.3 Presence / absence survey................................................................................ 7 3.4 Habitat assessment ........................................................................................... 8 4 Evaluation of results ............................................................................................ 9 5 Mitigation and compensation measures .......................................................... 10 5.1 Mitigation ......................................................................................................... 10 5.2 Compensation ................................................................................................. 11 6 Conclusion ......................................................................................................... 12 7 References.......................................................................................................... 13 Appendices ............................................................................................................... 14 Appendix 1 – Site plan .............................................................................................. 14 Appendix 2 – Aerial photographs .............................................................................. 15 Appendix 3 – Photographs........................................................................................ 16 Appendix 4 – Reptile hibernacula ............................................................................. 17 Appendix 5 - Statutory and planning context ............................................................. 18 Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 2 of 18 Executive summary United Environmental Services Ltd (UES) conducted a preliminary ecological appraisal at the Former Stanton Foundry Works in July 2014 (UES01304/02). The survey found habitats on site which have potential to support reptiles, therefore further survey work was recommended. A reptile presence / absence survey was undertaken in August / September 2014 by UES (UES01304/05). The objective of the survey is to establish whether or not reptiles are using the site, and if so to determine the species and importance of the site in order to inform the planning process. The methodology of the survey follows that in Froglife Advice Sheet 10: Reptile Survey (1999), which is used as the standard technique for reptile surveys across the UK. No reptiles were recorded on site during the presence / absence survey. It is UES’ opinion that no further survey work is required in relation to reptiles. However, due to the presence of suitable habitat on site, and records of Grass snake Natrix natrix and Slow-worm Anguis fragilis within 2km of site, there is a residual risk that reptiles may move on to site prior or during works on site. Therefore, reasonable avoidance measures, as detailed in section 5.1, should be followed to ensure no protected species are adversely affected by the proposed development. Although no compensation measures are statutorily required any development can be seen as an opportunity to increase biodiversity locally. General compensation measures, such as construction of artificial hibernacula, as detailed in section 5.2, could improve habitats on site for use by reptiles. The report should be read in conjunction with the appendices 1 to 5, which include photographic and mapped GIS representation of the survey results. Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 3 of 18 1 Introduction 1.1 Author, surveyors and qualifications This report is compiled and written by Declan Ghee BSc and UES Graduate Ecologist. Other surveyors include, Toby Hart BSc MCIEEM and UES Managing Director 1.2 Instructions received from the client UES were commissioned in July 2014 by Oaktree Environmental Ltd to conduct reptile surveys at the Former Stanton Foundry Works, including the following activity listed on the service agreement: 1.3 Reptile presence / absence survey: 7 site visits to assess the use of the site by reptiles. Survey objectives, issues and focus The objective of the survey is to establish whether or not reptiles are using the site, and if so to determine the species and importance of the site in order to inform the planning process. 1.4 Structure of the report The report should be read in conjunction with the appendices 1 to 5, which include photographic and mapped GIS representation of the survey results. Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 4 of 18 2 Methodology 2.1 Desk study A desk study was undertaken with Derbyshire Wildlife Trust as part of the preliminary ecological appraisal in July 2014. The desk study included identifying any reptile species within 2km of site. See UES’ PEA report (UES01304/02) for further information. 2.2 Survey technique The methodology of the survey follows that in Froglife Advice Sheet 10: Reptile Survey (1999), which is used as the standard technique for reptile surveys across the UK. Three standard survey techniques were employed in the search for reptiles: a walkover survey, in situ refugia and artificial refugia. 2.3 Walkover survey – the surveyor walked slowly between refugia, examining suitable basking places, to record any incidental sightings of reptiles. In situ refugia – such as log piles and discarded corrugated sheet materials, were examined during site visits. Where necessary, destructive searches of log piles were conducted to ensure no reptiles were missed. These searches were undertaken with care to ensure that no reptiles were harmed. Log piles were then returned to their original state once the search was complete. Artificial refugia – artificial refugia were laid throughout the site and examined during site visits. See below for further details. Equipment Artificial refugia consisted of corrugated bitumen coated sheets which were cut into approximately 0.5m x 1m mats, which warm up quickly and retain heat, thus attracting reptiles. The refugia were collected on completion of the survey work. Current survey guidelines recommend a density of 10 artificial refugia per hectare (Froglife, 1999). The total site area is 3.2 hectares; however suitable habitat for reptiles constitutes a smaller area than this, approximately 1.8ha to the east of site. As such, 26 artificial refugia were deployed around the most suitable habitat on site. The refugia were left to bed down for 11 days prior to the first checks. During this time they develop favourable conditions i.e suitable humidity and temperature gradient, and the reptiles become more familiar with them. Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 5 of 18 2.4 Timings Where possible, site visits were undertaken during suitable weather, i.e. when temperatures were between 9°C and 18°C, with intermittent sunshine following a cool or rainy night, when reptiles need to bask. Site visits were not carried out during predicted wind or rain (except when rain occurred mid-survey) and very hot days were also avoided, as reptiles do not generally use refugia under these conditions. 2.5 Presence / absence survey To ascertain presence / absence of reptiles on a site typically requires a minimum of 7 site visits (English Nature et al, 2003). Surveys were conducted in suitable weather conditions from 22nd August to 19th September 2014. 2.6 Habitat assessment Habitats on site were assessed for suitability to support reptiles at the time of survey, taking into account a number of biotic and abiotic factors, such as prey availability, vegetation, substrate, weather exposure and location. 2.7 Limitations 2 of the site visits were conducted in temperatures above 18°C. However, the results of these surveys were consistent with the findings of the other 5 site visits, which were conducted in optimal weather conditions. 2 artificial refugia were missing from site during the last 2 site visits. However, that still left 24 traps on site, which is a sufficient number for conducting the survey. Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 6 of 18 3 Results 3.1 Desk study A record search was undertaken with Derbyshire Wildlife Trust for reptile species within 2km of site: Numerous Grass snake records (1989 – 2010), the closest being approximately 420m to the south of site 1 x Slow-worm record (1996) 3.2 Survey timings and weather conditions Table 1 – Survey timings and weather conditions Survey no. Date & time / 11/08/14 AM 1 22/08/14 PM 19 70% Still Intermittent, light rain during survey 2 27/08/14 PM 16 50% Windy Dry 3 28/08/14 AM 14 100% Still Rained overnight 4 03/09/14 PM 22 100% Still Dry 5 04/09/14 AM 16 100% Still Dry 6 18/09/14 PM 17 100% Still Dry 7 19/09/14 AM 13 100% Still Light rain during survey Temp. (°C) Cloud cover Wind Rain Site preparation 3.3 Presence / absence survey Table 2 – Presence / absence survey results Survey no. Date & time Reptiles / 11/08/14 AM X 1 22/08/14 PM X 1x Field vole Microtus agrestis 2 27/08/14 PM X 1x Field vole 3 28/08/14 AM X 4 03/09/14 PM X 5 04/09/14 AM X 6 18/09/14 PM X 7 19/09/14 AM X Other wildlife 1x Common toad Bufo bufo (juvenile) 1x Grey heron Ardea cinerea flyover 1x Common toad (female) 1x Field vole 2x Common toad (both female) 1x Common toad (juvenile) 1x Field vole 1x Common frog Rana temporaria 2x Common toad (both juvenile) 1x Field vole Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 7 of 18 3.4 Habitat assessment The Former Stanton Foundry Works lie to the south of Ilkeston, adjacent to the Erewash Canal. The immediate surrounding area is predominantly industrial with residential housing further to the north and arable land to the south. Blocks of woodland, ponds and hedgerow lined fields provide suitable reptile habitat to the south of site. See Appendix 2 – Aerial photographs. Stanton Foundry Works is a former ironworks, which has recently been subject to building demolitions works. Artificial spoil heaps and ruderal / grassland communities to the east of site provide ideal microhabitats for use by reptiles. See Appendix 3 – Photographs. Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 8 of 18 4 Evaluation of results No reptiles were recorded on site during the presence / absence survey. It is very difficult to prove that reptiles are absent from a site. However, after completing the recommended minimum 7 site visits reptiles were not detected on site, therefore reptiles are likely to be absent. It is UES’ opinion that no further survey work is required in relation to reptiles. However, due to the presence of suitable habitat on site, and records of Grass snake and Slow-worm within 2km of site, there is a residual risk that reptiles may move on to site prior or during works on site. Therefore, reasonable avoidance measures, as detailed in section 5.1, should be followed to ensure no protected species are adversely affected by the proposed development Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 9 of 18 5 Mitigation and compensation measures 5.1 Mitigation It is recommended that the following reasonable avoidance measures are followed to ensure no protected species are adversely affected by the proposed development: 5.1.1 Toolbox talk prior to start on site A suitably qualified ecologist will deliver a toolbox talk to the contractors responsible for the works. The talk will cover reptile ecology, reptiles and the law, and what to do if reptiles are found during the works. If during the works period any reptiles are found on site works should cease in that area and a suitably qualified ecologist should be contacted for advice. It is an offence to kill or injure any species of reptile. 5.1.2 Strimming Grassland and ruderal vegetation areas will be directionally strimmed in two stages to allow any reptiles or amphibians present to move out of the working area naturally. All vegetation will be removed from the working area to prevent potential areas of refuge being created for reptiles to shelter in. Vegetation could be used elsewhere on site to create artificial hibernacula (see section 5.2). 5.1.3 Destructive search Suitable refugia, for example log or rubble piles, will be dismantled carefully by hand under the supervision of a suitably experience ecologist. Suitable refugia could be moved to elsewhere on site to create artificial hibernacula (see section 5.2). 5.1.4 On-going advice UES will remain on-call throughout the development in case any further advice is needed or reptiles are encountered. UES can be contacted directly on 01565 757788. Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 10 of 18 5.2 Compensation Although no compensation measures are statutorily required any development can be seen as an opportunity to increase biodiversity locally. General compensation measures, such as construction of artificial hibernacula could improve habitats on site for use by reptiles. See Appendix 4 – Reptile hibernacula for further information. Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 11 of 18 6 Conclusion No reptiles were recorded on site during the presence / absence survey, therefore no further survey work is required in relation to reptiles. However, reasonable avoidance measures, as detailed in section 5.1, should still be followed to ensure no protected species are adversely affected by the proposed development. Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 12 of 18 7 References Anon (2012) National Planning Policy Framework. Department for Communities and Local Government Edgar. P., Foster. J and Baker, J (2010. Reptile habitat management handbook. Amphibian and reptile conservation, Bournemouth. Froglife. (1999). Reptile Survey: An introduction to planning, conducting and interpreting surveys for snake and lizard conservation. Froglife Advice Sheet 10. Froglife: Halesworth. Hereforeshire Amphibian and Reptile Team and Herefordshire Nature Trust (2008 – 2010). Reptile habitat management: Guidelines for landowners. HART, Hereford. Herpetofauna Groups of Britain and Ireland (1998). Evaluating Local Mitigation/Translocation Programmes: Maintaining Best Practice and Lawful Standards. Herpetofauna Groups of Britain and Ireland: Bournemouth. Stace. C (2010). A new flora of the British Isles. Cambridge University Press, Cambridge Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 13 of 18 Appendices Appendix 1 – Site plan Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 14 of 18 Reptile presence/absence survey Former Stanton Foundry Works GR: 447514 339463 Author - Declan Ghee Site boundary Posts Reptile survey area 43.1m Artificial refugia S Disturbed land - ephemeral/short perennial Parkland / scattered trees - broad-leaved Buildings Hard-standing S S S Chy Rock exposure and waste - artificial spoil Def S C Trav Path Cycle Stanton Works Foundry Park Tanks el Trav S ling e Cran S L Twr L Twr THIS PLAN IS BASED UPON THE ORDNANCE SURVEY MAP WITH THE SANCTION OF THE CONTROLLER OF H.M. STATIONERY OFFICE. CROWN COPYRIGHT RESERVED. UNAUTHORISED REPRODUCTION INFRINGES COPYRIGHT AND COPYRIGHT ACKNOWLEDGEMENT. THIS PLAN IS ISSUED BY UNITED ENVIRONMENTAL SERVICES LTD SUBJECT TO THE CONDITION THAT IT IS NOT COPIED EITHER IN WHOLE OR IN PART OR DISCLOSED TO THIRD PARTIES UNLESS PRIOR WRITTEN AUTHORISTATION IS GIVEN. Appendix 2 – Aerial photographs Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 15 of 18 Former Stanton Foundry Works, Ilkeston Close aerial photograph Key Site boundary Former Stanton Foundry Works, Ilkeston Wide aerial photograph Appendix 3 – Photographs Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 16 of 18 Photo 1 – Looking west, across surveyed area, towards foundry building. Photo 2 – Looking north, in north-east corner of site. Photo 3 – Close up of typical vegetation and substrate to the east of site. Photo 4 – Common toad recorded on site during the survey. Appendix 4 – Reptile hibernacula Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 17 of 18 Reptile habitat design projects Building a reptile hibernaculum This must be situated on a south facing site with well-drained soil. Dig out a 50 cm base and line with sand and gravel. Fill up with stones, rocks and logs and then pile branches and brash over the top, creating lots of nooks and crannies where snakes and lizards can hibernate. Wood from coppicing or scrub clearance is ideal for this. REPTILE HIBERNACULUM BUILD IN SOUTH FACING ASPECT ON WELL DRAINED SOIL Grass snake (Nigel Hand) Hibernacula are generally located on south facing slopes, situated under bramble thickets, roots, dead bracken litter and in small mammal burrows, offering protection from frosts and warmth on spring emergence.They are used from October to February when all reptiles have to hibernate to survive our winter. Hibernacula are a vital habitat feature for reptiles and they remain faithful to them all their lives. If a hibernaculum is lost through incorrect management it is likely to result in losses of the reptile species on the site. Place soil and turfs from excavation over the pile as an insulating layer and to protect it from frost. Ensure gaps are left for reptiles to enter and exit the finished hibernaculum. Ideally build at least two hibernacula on a site. TOP HEAP WITH SOIL AND TURF FROM EXCAVATION APPROX 150CM MIN DIG DOWN APPROX 50CM LINE HOLE WITH SAND AND GRAVEL FOR GOOD DRAINAGE APPROX. 200CM MINIMUM BRASH BRANCHES, TWIGS, PILED ON TOP OF LOGS APPROX. 150 - 200CM MINIMUM GRASS SNAKE EGG-LAYING HEAP BUILD IN SUNNY ASPECT IN QUIET AREA APPROX 100CM MIN TOP LAYER: COMPOST, DEAD LEAVES, VEGETATION, WOODCHIP, SAWDUST, HORSE MANURE, GRASS OR REED SWATHES Building a grass snake egg-laying heap or slow-worm refuge The grass snake is the only reptile in Herefordshire which lays eggs and requires an incubation heap. She lays her eggs between May and July and the eggs hatch between late August and September.This requires a sunny, warm site. Build a base layer of branches and brash for aeration of the heap and on top of this place any of the following: BOTTOM LAYER: BRANCHES, BRASH FROM COPPICING a pond you may well be pleasantly surprised to see grass snakes regularly through the late summer.You may also find that slow-worms will use the compost heap for refuge, hibernation and for their favoured prey, slugs. Build 2 or 3 heaps as large as possible. Place old corrugated tin or carpet over the heap, making it warmer and more attractive to reptiles. • vegetation cuttings • leaf mould • farmyard manure • woodchip • old straw • reed • hay bales Top up the vegetation every year and try to leave the heap undisturbed. If located on good grass snake habitat amongst long vegetation and near Ideal egg-laying heap (Nigel Hand) Appendix 5 - Statutory and planning context Former Stanton Foundry Works / UES01304/05 / Reptile Survey / October 2014 Page 18 of 18 STATUTORY AND PLANNING CONTEXT Ecological assessments Ecological assessments play an important part within the planning context; they include an initial assessment which highlights any specific interests of a site. From the initial site assessment, the surveyor assesses the suitability of habitats within the site to support protected species and makes recommendations for further survey works if required. The following paragraphs provide a brief interpretation of the legislative protection that is relevant to the findings of this report. Reptiles Common lizard (Zootoca vivipara), Slow worm (Anguis fragilis), Grass snake (Natrix natrix) and Adder (Vipera berus) are protected under the Wildlife and Countryside Act 1981 (as amended), they are listed as a Schedule 5 species therefore part of Section 9(1) and section 9(5) apply; the Countryside and Rights of Way Act 2000 (CROW) also strengthens their protection. It is offence to: Intentionally, or recklessly, kill or injure any of the above species, and/or; Sell, or attempt to sell, any part of the species, alive or dead. If a proposed development is likely to have an impact on these reptiles the statutory nature conservation organisation must be consulted. Sand lizard (Lacerta agilis) and Smooth snake (Coronella austriaca) receive 'full protection' under the Wildlife and Countryside Act (1981) Section 9 and the Conservation (Natural Habitats &c.) (Amendment) Regulations 2007; the Sand lizard and Smooth snake are listed on Schedule 2 thus regulation 39 applies. Read together it is an offence: Deliberately kill, injure or capture any wild animal of European protected species; Deliberately disturb wild animals of any European protected species in such a way to be likely to significantly affect: The ability of any significant groups of animals of that species to survive, breed, rear or nurture their young; or The local distribution of that species. Recklessly disturb sheltering European protected species or obstruct access to their resting place; Damage or destroys breed sites or resting places of such animals; Deliberately takes or destroys the eggs of such an animal Possess or transport or any part of a European protected species, unless acquired legally; Sell, barter or exchange any part of a European protected species. The maximum fine per offence is £5000 and if more than one animal is involved, the fine is £5000 per animal (Wildlife and Countryside Act 1981 Section 21) The Countryside and Rights of Way Act 2000 (CROW)amendment contains a provision for a custodial sentence of up to 6 months instead of, or in addition to, a fine. Along with a lengthy development delay until appropriate mitigation has been agreed and completed. Natural Environment and Rural Communities Act 2006 (NERC) lists all reptile species as a species of principle importance under Section 41. Section 40 requires every public body in the exercising of its functions ‘have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’ (all biodiversity and not just section 41 species and habitats); therefore making reptiles a material consideration in the planning process and requiring a detailed ecological reptile survey before planning permission can be granted. Planning Policy National Planning Guidance is issued in the form of the National Planning Policy Framework 2012 (NPPF). The most relevant section is 11. Conserving and enhancing the natural environment. Key principles stated in 11. Conserving and enhancing the natural environment are; 109 The planning system should contribute to and enhance the natural and local environment by: Protecting and enhancing valued landscapes, geological conservation interests and soils Recognising the wider benefits of ecosystem services Minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitments to halt the overall decline in biodiversity, including establishing coherent ecological networks that are more resilient to current and future pressures 117 To minimise impacts on biodiversity and geodiversity, planning policies should: Plan for biodiversity at a landscape-scale across local authority boundaries Identify and map components of the local ecological networks, including the hierarchy of international, national and locally designated sites of importance for biodiversity, wildlife corridors and stepping stones that connect them and areas identified by local partnerships for habitat restoration or creation Promote the preservation, restoration and re-creating of priority habitats, ecological networks and the protection and recovery of priority species populations, linked to national and local targets 118 When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles: - Development proposals where the primary objective is to conserve or enhance biodiversity should be permitted - Opportunities to incorporate biodiversity in and around developments should be encouraged Biodiversity Action Plans Biodiversity Action Plans (BAPs) are a series of documents setting out targets and actions for species of conservation concern. BAPs are divided into three main categories: National Habitats, National Species and Local Plans. The UK Biodiversity Action Plan (UKBAP) is a set of national strategies for the conservation of biological diversity and the sustainable use of biological resources. The UKBAP contains action plans for 382 ‘UK Priority Species’ and 45 ‘UK Priority Habitats’, considered of national conservation concern. ‘UK Priority Species' are defined in the 'UK Biodiversity Group Tranche 2 Action Plans' (HMSO, 1998) as either globally threatened or rapidly declining in the UK, i.e. by more than 50% in the last 25 years. Some of the UK Priority species are statutorily protected, while others receive partial or no protection. In addition to the national BAP, many Local Authorities have prepared Local Biodiversity Action Plans (LBAP). These LBAPs highlight species and habitat types that are of national concern (UKBAP species and habitats) and may also include non-UKBAP species that are of local concern. LBAPs will be prepared for these species and habitats. As with the UKBAP, listing of a habitat type, a site or a species in a LBAP does not confer any new statutory or planning policy protection. However, impacts upon sites, habitats or species prioritised in LBAPs may be a material consideration in a planning application. The above sections provide an overview upon current planning policy and legislation relating to species and habitats that could be located within the survey area.
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