BOW20 238 Heckenhurst Reservoir, Ecological Appraisal Report

Ecological Appraisal

Heckenhurst Reservoir

July 2016

Control sheet

2 York Street, Clitheroe, Lancashire BB7 2DL Tel: 01200 446777 www.bowlandecology.co.uk

Job number: BOW20/238

Title: Ecological Appraisal

Client: United Utilities Property Services

Prepared by: Kate Statham, Ecologist

Checked by: Laura Bennett, Ecologist

Date of Issue: 4th July 2016

Version: 1

Revisions: 0

Status: Final

This report is prepared by Bowland Ecology Ltd for the sole and exclusive use of United Utilities Property Services in response to their particular instructions. No liability is accepted for any costs, claims or losses arising from the use of this report or any part thereof for any purpose other than that for which it was specifically prepared or by any party other than United Utilities Property Services. This report has been prepared by an environmental specialist and does not purport to provide legal advice. You may wish to take separate legal advice. The information which we have prepared and provided is true, and has been prepared and provided in accordance with the BS42020 and Chartered Institute of Ecology and Environmental Management’s Code of Professional Conduct. We confirm that the opinions expressed are our true and professional bona fide opinions. Signed (Author) Signed (QA)

BOW20/238 Heckenhurst Reservoir: Ecological Appraisal

Bowland Ecology Ltd

Contents

1. Introduction 1

2. Methodology 2

3. Results 5

4. Evaluation of Habitats and Assessment of Potential Impacts 9

5. Recommendations 11

6. References 12

Legal Information 13

Appendix A. Target Notes 15

Appendix B. Phase 1 Habitat Plan 17

Appendix C. Contractor Information for Great Crested Newt 18

Appendix D. Native Species for Planting 20

Appendix E. Contractor Information for Bats 22

Appendix F. BCT Guidelines on assessing suitability of sites for bats 24


Bowland Ecology Ltd 1

1. Introduction

1.1 Bowland Ecology Ltd was commissioned by United Utilities Property Services to undertake an ecological appraisal of land at Heckenhurst Reservoir (NGR SD 86795 32973) to provide ecological advice regarding potential works at the site. The site comprises a single grazed pasture field and associated boundaries. The surrounding landscape is dominated by upland fringe pasture, with deciduous wooded cloughs to the north and east, a residential estate to the south and a small reservoir to the west.

1.2 The purpose of the appraisal was to: 1) identify and map all habitats occurring

within the survey area, 2) identify the presence of (or potential for) wildlife interests with particular reference to the need for further surveys and legal requirements, and 3) provide an ecological assessment, identify potential impacts and provide recommendations pertaining to the proposed works.

1.3 This report includes a description of assessment methods and results and

outlines recommendations to provide protection and enhancements for biodiversity and protected species. This report should be read in conjunction with target notes as listed in Appendix A and the Phase 1 habitat plan (Appendix B).



2. Methodology

2.1 The desk study, ecological walkover survey and appraisal follow the Guidelines for Preliminary Ecological Appraisal (GPEA) (CIEEM, 2012) and are in line with the British Standard BS42020:2013 ‘Biodiversity – Code of practice for planning and development’.

Desk Study

2.2 The aim of the desk study was to identify the presence of statutory and non-statutory wildlife sites and records of protected and notable species within the area.

2.3 Local records on and within 2 km of the site were obtained following a data search with Lancashire Environmental Records Network (LERN).

2.4 Online resources were also searched for records of protected species. The Multi-Agency Geographic Information for the Countryside (MAGIC) website (http://magic.gov.uk) was reviewed for information on locally, nationally and internationally designated sites of nature conservation importance (statutory sites only) on or within 2 km of the site boundary. Natural Environment and Rural Communities (NERC) Act Section 41 lists of Habitats and Species of Principal Importance for the Conservation of Biodiversity were also consulted.

2.5 Aerial photographs were reviewed online at http://maps.google.co.uk/maps, to help identify any connected habitat and any other notable habitats within the surrounding area.

Extended Phase 1 Habitat Survey

2.6 An extended Phase 1 Habitat survey was undertaken, following JNCC Handbook for Phase 1 Habitat Survey, 2010 and CIEEM Guidelines for Preliminary Ecological Appraisal, 2012. All features of ecological significance were target noted and the location of target notes are shown in Appendix B. A colour coded Phase 1 habitat plan has been produced, with corresponding target notes of ecologically interesting features (Appendix A).

2.7 The survey was carried out by Kate Statham MSc, BSc (Hons), ACIEEM on the

24th May. The weather was clear and bright, with an air temperature of approximately 17˚C.

2.8 This survey method records information on the habitats together with any evidence of and potential for legally protected and notable fauna, in particular:

• potential roosting sites for bats within trees (identification of suitable cracks and crevices – survey undertaken externally and from ground only), see Appendix F for definitions;

• assessing the suitability of habitats for other notable and protected species such as nesting birds (including any active or disused nests), reptiles, water vole (Arvicola amphibius), otter (Lutra lutra), white-clawed crayfish (Austropotamobius pallipes), badger (Meles meles) and invertebrates;

• checking for the most common invasive plant species subject to strict legal control including; Japanese knotweed (Fallopia japonica), giant knotweed (Fallopia sachalinensis), hybrid knotweed, giant hogweed (Heracleum mantegazzianum), rhododendron (Rhododendron sp.) and Himalayan balsam (Impatiens glandulifera);

• assessing the suitability of the habitat for amphibians and for the protected great crested newt (Triturus cristatus). Ponds on site and within 0.25 km



(access permitting) were subject to a habitat suitability index (HSI) (Oldham et al. 2000) assessment for great crested newt.

Environmental DNA Analysis (EDNA)

2.9 Environmental DNA analysis of Pond 1, in the farmstead to the north of the site boundary was undertaken to determine presence of great crested newts. Sampling methods followed those outlined in ‘Analytical and Methodological Development for Improved Surveillance of the Great Crested Newt’ (Biggs et al, 2015). Pond water samples were taken on the 24th May and sent to FERA, a Natural England accredited laboratory for DNA analysis to determine the presence/absence of great crested newts.

Pond Habitat Suitability Assessment (HSI)

2.10 A Habitat Suitability Index (HSI) assessment for great crested newts was

undertaken in accordance with Oldham et al. (2000) for ponds on or within 0.25 km of the site. HSI methodology is a requirement of the European Protected Species licencing procedure to support method statements for licence applications; it is therefore considered appropriate to include this survey methodology in assessing pond/ditch suitability although it is not a substitute for amphibian surveys.

2.11 The HSI is a numerical index, between 0 and 1. Values close to 0 indicate

unsuitable habitat, 1 represents optimal habitat. The HSI for the great crested newt incorporates ten suitability indices, all of which are factors known to affect this species. The following is a classification of HSI scores:

Table 1. HSI categories

HSI Score Pond Suitability

<0.5 poor

0.5 - 0.59 below average

0.6 - 0.69 average

0.7 - 0.79 good

>0.8 excellent

Survey Limitations

2.12 Ecological surveys are limited by factors which affect the presence of plants and animals such as the time of year, migration patterns and behaviour. The timing of the Phase 1 survey was within the optimum period for completing such a survey. As a result, a valid assessment of the habitats present and their potential to support legally protected species was undertaken.

2.13 The list of invasive plant species included on Schedule 9 of the Wildlife and Countryside Act 1981 (as amended) is extensive and these plants are found in a range of different habitats, including aquatic habitats. The extended Phase 1 survey checked, in particular, for the presence of Japanese knotweed, giant knotweed, hybrid knotweed, giant hogweed, rhododendron and Himalayan balsam. There may be other invasive plant species present on the site which were not recorded, but it is considered that this survey is sufficient to identify any significant constraints posed by invasive plants.



2.14 The results of this ecological survey have allowed an evaluation of the likely use of the site by protected and controlled species, the need for any additional survey work and the requirement for any mitigation works.

2.15 An assessment of effects on ecological features has been made using the available design and survey information and the professional judgement of the ecologist. This includes a consideration of the relevant legislation and planning guidance. If there are changes to the proposals, such as a change to the proposed development design or to the construction method and programme, the assessment would need to be reviewed.



3. Results

Statutory and Non-Statutory Wildlife Sites

3.1 There are two statutory designated sites within 2 km of the site.

3.2 The closest is Deer Pond Local Nature Reserve (LNR), located in Townley Park approximately 1.5 km to the south west of the site, it has a mosaic of habitats including woodland, wetland and riparian habitats.

3.3 The South Pennine Moors SSSI/SAC/SPA is located at the edge of the 2km buffer, approximately 1.95 km to the east of the site. This area is a mosaic of upland habitats including blanket bog, acidic grassland, flushes, wet and dry heathland. It also supports important populations of upland breeding birds, including twite (Carduelis flaviostris), merlin (Falco columbarius) and golden plover (Pluvialis apricaria).

3.4 The site falls within the Impact Zone for South Pennine Moors SSSI. Developments including, but not limited to, wind turbines, solar schemes, pipelines, overhead cables, residential and non-residential, may have a negative impact upon the SSSI.

3.5 There are a number of non statutory designated Biological Heritage Sites (BHS)

located within 2 km of the site. Details of the sites are provided in Table 2:

Table 2. Biological Heritage Sites within 2 km of the site

Site Description Location

River Don - Brun

Valley

Habitat mosaic along the river corridors of the River's Don and

Brun. Includes woodland, flushes, grassland and scrub.

0.72 km

NW

Michelin Factory Grassland and scrub with a seasonally fluctuating pond, which is

known to support breeding great crested newt.

0.9 km

NW

Deer Pond

Site comprises a pond and surrounding habitat in Townley Park.

It is of particular importance to various Ordonata as well as

widespread amphibians.

1.5 km

SW

Omerod and Gin

Woods

Comprises two woodlands on the southern side of the River

Brun. Though canopy trees have been planted, the ground flora

is ancient, semi-natural in character.

1.2 km SE

Houghton Hag Semi-natural ancient woodland on the northern side of

Swinden Water, including flushes where slopes have subsided. 0.15 km N

Thursden Valley A mosaic of habitats along Thursden Brook, including species

rich grassland, flushes, scrub and woodland. 1.5 km NE

Hurst Well Valley

Mosaic of habitats between Swinden Water and Houghton Hag,

comprising woodland, scrub, species rich grassland, flushes and

swamp.

0.76 km

NE

Swinden Bridge

Valley

Mosaic of riparian habitat, species rich grassland, acidic

grassland and flushes, located between Swinden Water and

Swinden Reservoir.

1.4 km NE

Fullegde Swamp An area of swamp surrounded by woodland, scrub and marshy

grassland.

1.6 km

SW



Protected Species and Habitats Records

3.6 LERN provided records of the following UK protected species and those species listed under Section 41 of the NERC Act 2006 within 1 km of the site; therefore these species may be present if suitable habitats are found on site;

• Amphibians: great crested newt (Triturus cristatus) and common toad (Bufo bufo);

• Birds: lesser redpoll (Acanthis cabaret), skylark (Alauda arvensis), swift (Hirundo rustica), reed bunting (Emberiza schoeniclus), house sparrow (Passer domesticus), grey partridge (Perdix perdix), curlew (Numenius arquata), wood warbler (Phylloscopus sibilatrix), dunnock (Prunella modularis), bullfinch (Pyrrhula pyrrhula), starling (Sturnus vulgaris), song thrush (Turdus philomelos), barn owl (Tyto alba), lapwing (Vanellus vanellus), fieldfare (Turdus pilaris) and peregrine (Falco peregrinus);

• Invertebrates: numerous species recorded, including gold spangle (Autographa bractea), dark brocade (Mniotype adusta) and northern deep brown dart (Aporophyla lueneburgensis)

• Terrestrial mammals: common pipistrelle (Pipistrellus pipistrellus), soprano pipistrelle (P. pygmaeus), Daubentons bat (Myotis daubentoni), Natterer’s bat (M. nattereri), noctule (Nyctalus noctula), brown long-eared bat (Plecotus auritus) and brown hare (Lepus europaeus).

3.7 The search of Multi Agency Geographical Information Centre (www.magic.gov.uk)

identified several areas of priority habitats within 2 km of the site;

• 20 areas of good quality semi-improved grassland, the nearest of which is located approximately 0.73 km to the north west;

• 1 area of blanket bog, located approximately 1.9 km to the east;

• Five areas of lowland fen, the closest of which is located approximately 0.03 km to the north;

• Over fifty area of deciduous woodland, the closest of which is located 0.15 km to the north;

• Eight areas of woodland pasture, the closest of which is located approximately 1.4km to the west.

3.8 The search of MAGIC also identified a single area of ancient semi-natural woodland, Houghton Hag, located approximately 0.15 km north of the site.

Waterbodies

3.9 Based on a review of aerial photographs and OS maps there is a single pond located within 0.25 km of the site. This is situated within the farmstead to the north of the site.

Extended Phase 1 Habitat Survey

3.10 Target notes summarising key interest features for wildlife recorded during the extended Phase 1 Habitat survey are included in Appendix A. The Phase 1 plan for the site is presented in Appendix B which includes a colour coded map of the habitats on site and locations of the target notes.

Habitats

Species poor semi improved grassland 3.11 The site is dominated by species poor semi-improved grassland (TN3). The

grassland is grazed year round by both sheep and cattle, resulting in a relatively short sward.

3.12 Grass species include perennial rye grass (Lolium perenne), annual meadow grass (Poa annua), meadow foxtail (Alopecurus pratensis), red fescue (Festuca



rubra) and Yorkshire fog (Holcus lanatus). Herbaceous species are dominated by creeping and meadow buttercup (Ranunculus repens & R. acris), with creeping thistle (Cirsium arvense), broad-leaved dock (Rumex obtusifolius) and common mousear (Cerastium fontanum).

Dry stone wall

3.13 A large dry stone wall, approximately 2m in height, forms the boundary of the site (TN2). In several places, it has become damaged or partially collapsed and has been replaced by timber post and rail fencing. The remainder of the wall was found to be in good condition.

Tall ruderal vegetation

3.14 Several areas of tall ruderal vegetation (TN4) are present within the site boundary, the majority being located adjacent to the boundary wall. These areas are dominated by common nettle (Urtica dioica) with frequent broad-leaved dock. Scattered trees and scrub

3.15 A single mature tree is present within the site, located on the eastern end of the northern boundary. This is a mature sycamore (Acer pseudoplatanus) with damage at the base of its trunk (TN7). There are a small number of hawthorn (Crataegus monogyna) shrubs that occur within the site boundary. One of these is a large mature individual (TN6) located in the most westerly corner of the site, whilst the others appear to be younger in age. Dry ditch

3.16 A dry ditch runs round much of the western perimeter of the site (TN5). The ditch appears to have been dry for some time, although the substrate is marginally damp. The species present in the ditch also indicate that this area is damper than surrounding areas, for example float grass (Glyceria fluitans) and horsetail (Equisetum sp.).

Fauna

3.17 The habitats on and around the site provide a number of opportunities for fauna. Amphibians

3.18 A single pond is located within 0.25 km of the site boundary. It is situated next to the working farmstead to the north of the site. Waste from the adjacent cow sheds is washed into the pond, therefore resulting in poor water quality. The water was found to be very turbid, almost opaque, with no macrophyte growth. The banks were steep and dominated by common nettle, with no shading. The results of the HSI assessment of this pond can be seen in Table 3, below:

Table 3. HSI results for Pond 1

Date HSI assessment undertaken 24/05/2016

Pond ref 1

SI1 - Location 0.5

SI2 - Pond area 0.2

SI3 - Pond drying 0.9

SI4 - Water quality 0.01

SI4 - Shade 1

SI6 - Fowl 1

SI7 - Fish 1

SI8 - Ponds 0.45

SI9 - Terr'l habitat 0.33

SI10 - Macrophytes 0.3

HSI 0.36



3.19 An eDNA sample was taken from Pond 1 and analysed. No great cresed newt

DNA was found in the sample.

3.20 There are records for great crested newt within the desk study area, however, the closest was located over 800m to the north west of the site. In addition, the result of the HSI assesses the pond as having poor suitability for supporting a breeding population of great crested newt. Birds

3.21 During the site visit the surveyor was persistently followed by a single lapwing (Vanellus vanellus), which was repeatedly alarm calling (TN1). Several other lapwing were noted in the area. This indicates that it is highly likely that this species breeds on site, with the poor semi-improved grassland providing suitable habitat. Records for this species, along with other ground nesters, such as skylark (Alauda arvensis) and curlew (Numenius arquata), are present within 50 m of the site boundary.

3.22 The limited scattered trees and scrub on site may also provide suitable nesting opportunities for other bird species.

Bats

3.23 Two trees located within the site boundary have potential to support roosting bats. The mature sycamore (TN7) has damage at the base of the trunk, which may lead up into a cavity suitable for roosting bats, therefore, this tree was assessed as having moderate potential for supporting roosting bats.

3.24 A mature hawthorn (TN6) was found to have lifted bark with some small amounts of deadwood in the canopy. However, it was judged to have negligible potential for supporting roosting bats.

3.25 The site offers commuting and foraging opportunities to bat species which have a preference for utilising ‘open’ habitats, such as noctule (Nyctalus noctula). The present of scattered mature trees and scrub on the site boundary and adjacent to the site also provides a foraging resource for bat species that utilise ‘edge’ habitats, such as common pipistrelle (Pipistrellus pipistrellus) and whiskered (Myotis mystacinus) bats.

Other mammals

3.26 No signs of other protected mammals, including badger (Meles meles) were identified within the site. It is however noted that records of brown hare (Lepus europaeus) are present within the 2 km desk study buffer.



4. Evaluation of Habitats and Assessment of Potential Impacts

Scheme Proposal

4.1 No detailed plans for the proposals at the site were available at the time of writing. Designated sites

4.2 Two statutory designated sites and several non-statutory designated sites are located within a 2 km buffer of the site. If the scale of the works is to be small and localised, it is anticipated that there is unlikely to be any negative impacts upon these sites.

4.3 However, if proposals include the construction of larger schemes, including wind turbines, solar or residential developments, the impact to these sites should be given further consideration.

4.4 No Habitats of Principal Importance (HPI) occur within the site boundary. However, two HPI’s occur almost immediately north of the site; an area of lowland fen and an area of ancient woodland. If works are to be small and localised, it is unlikely that these areas will be affected, however, if a larger scheme is proposed, further consideration will need to given to these sites. Habitats

4.5 The development of the site may result in the loss of species poor semi improved grassland, tall ruderal vegetation and a dry ditch. These habitats are locally common and of limited ecological value, therefore mitigation for the loss of these habitats is not required. However, it is recommended that any mature trees and shrubs to be lost should be replaced elsewhere within the site. Amphibians

4.6 Although great crested newts are known to occur within the desk study area, the closest record is over 800 m from the site boundary. The waterbody closest to the site, Pond 1, was assessed as having poor suitability for supporting great crested newts. Additionally, the EDNA sample did not detect any great crested newt DNA within Pond 1.

4.7 The habitats present within the site are largely unfavourable for great crested newts, offering limited structural diversity, with refuge opportunities limited to the dry stone wall. Therefore, it is unlikely that this species is present at the site. Birds

4.8 The site provides suitable habitat for ground nesting birds, with nesting lapwing highly likely to be present on site. A small number of scattered trees and scrub also provide for other bird species.

4.9 The habitat within the site which is suitable for ground nesting birds is locally abundant, therefore its loss is unlikely to have a negative impact on nesting resource for these species. However, if works are to be undertaken during the nesting bird season (March – September), it is highly likely that an offense would be committed via disturbance or destruction of nests of ground nesting species.

4.10 Scrub and tree removal within the nesting bird season is also likely to result in an offense if nesting birds are disturbed or nests damaged/destroyed as part of the works.

Bats

4.11 Two trees on site were assessed as having some potential for supporting roosting bats. A mature sycamore was judged to have moderate roosting potential with a



mature hawthorn offering negligible potential. If either of these trees are to be impacted by the proposals it may result in an offense if bats and/or their roosting places are impacted.

4.12 Commuting and foraging potential at the site is considered to be lower than the surrounding areas, which comprise a mosaic of grazed pasture, rough grassland, woodland, scrub and residential gardens. Therefore, the loss of habitat on the site is unlikely to have a negative impact of foraging/commuting resource availability in the wider area.



5. Recommendations

Designated Sites and Habitats 5.1 If the proposals are small scale it is unlikely that any designated sites or Habitats

of Principal Importance will be impacted. If the proposals are for a larger scheme, further consideration may be required to assess the impacts upon these areas and their qualifying features.

Amphibians and Reptiles

5.2 It is considered unlikely that great crested newt are present within the site. However, they are present in the wider landscape, along with other species of amphibians, including common toad, which is a species of principal importance (NERC Act, 2006). Therefore it is recommended that the following Reasonable Avoidance Measures are implemented for the duration of the works:

• All contractors should be provided with the information sheet at Appendix C;

• Any rock piles/log piles/stored materials and items which may be utilised as

refugia by amphibians must be carefully dismantled;

• All materials must be stored above ground level, e.g. on pallets, to prevent

GCN and other amphibians gaining access and utilising materials as refugia;

• Any excavations must be covered overnight;

• If it is not possible to cover open excavations, then a suitable form of egress

must be maintained to provide an escape route for any amphibians which

may become trapped in the excavation;

• Any spoil must be stored above ground level, e.g. on pallets, or replaced into

the excavation on the same working day, or compacted to ensure there are

no voids which could be used as refugia by amphibians;

• Works that have potential to affect newts above ground should be undertaken

in daylight hours only;

• If GCN are located within the working area, all works must cease

immediately;

• If GCN is in imminent danger, move GCN to a safe location and contact

project ecologist for further instruction;

• If GCN is not in imminent danger, cease works and contact project ecologist

for further instruction;

• Any temporary fencing used during the construction period must be porous to

dispersing amphibians, e.g. with a small (50mm) gap at the base to allow

passage underneath.

Birds

5.3 Due to the presence of ground nesting birds at site, any site clearance will be undertaken outside of nesting bird season (March – September). Clearance of any scattered trees and scrub must also be undertaken outside of nesting bird season.

5.4 If it is not possible to complete the works outside of nesting bird season, a pre-commencement ground nesting bird check must be completed by a suitably experienced ecologist. If nesting birds are identified, no work must take place until all young have fledged. Clearance will only be allowed to proceed once a scheme ecologist has declared any nests to be no longer in use.

5.5 It is recommended that any soft landscaping that form part of the proposals include native shrubs and trees, ideally of local provenance (see Appendix D), which would provide nesting and foraging resource for some bird species.



Bats 5.6 The site provides limited foraging and commuting opportunities when set in the

context of the wider landscape. Therefore, it is judged that the loss of habitats within the site will not have a negative impact on bats at a landscape level.

5.7 Two trees within the site were highlighted as having potential to support roosting bats. The hawthorn (TN6) with negligible potential does not require any further survey if it is to be lost, though it is recommended that all contractors working on site are provided with the information regarding bats in Appendix E. It is recommended that if the sycamore tree (TN7) is to be lost, that further surveys are undertaken to determine if the tree is being used as a roost. We would initially recommend a climbing survey.

6. References

CIEEM, 2012. Guidelines for Preliminary Ecological Appraisal. Chartered Institute of Ecology and Environmental Management.

Collins, J. (ed) (2016) Bat Surveys for Professional Ecologists: Good Practice Guidelines (3rd edn). The Bat Conservation Trust. London. JNCC, 1993 revised 2010. Handbook for Phase 1 Habitat Survey: A technique for environmental audit (reprint). Joint Nature Conservation Committee, Peterborough. Oldham R.S., Keeble J., Swan M.J.S. & Jeffcote M. (2000). Evaluating the suitability of habitat for the Great Crested Newt (Triturus cristatus). Herpetological Journal 10 (4), 143-155.



Legal Information 1

Species Legislation Offences Notes on licensing procedures and further advice

Species that are protected by European and national legislation

Bats

European protected species

Conservation of Habitats and Species Regulations 2010 Reg 41

Deliberately1 capture, injure or kill a bat; Deliberate disturbance2 of bats; Damage or destroy a breeding site or resting place used by a bat. The protection of bat roosts is considered to apply regardless of whether bats are present.

An NE licence in respect of development is required in England. https://www.gov.uk/bats-protection-surveys-and-licences European Protected Species: Mitigation Licensing- How to get a licence (NE 2010) Bat Mitigation Guidelines (English Nature 2004) Bat Workers Manual (JNCC 2004) BS8596:2015 Surveying for bats in trees and woodland (BSI, 2015)

Wildlife and Countryside Act 1981 (as amended)4 S.9

Intentionally or recklessly3 obstruct access to any structure or place used for shelter or protection or disturb a bat in such a place.

Licence from NE is required for surveys (scientific purposes) that would involve disturbance of bats or entering a known or suspected roost site.

Birds

Conservation of Habitats and Species (Amendment) Regulations 2012

• N/A Authorities are required to take steps to ensure the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in the United Kingdom, including by means of the upkeep, management and creation of such habitat. This includes activities in relation to town and country planning functions.


Intentionally kill, injure or take any wild bird; Intentionally take, damage or destroy the nest of any wild bird while that nest is in use or being built; Intentionally take or destroy the nest or eggs of any wild bird. Schedule 1 species Special penalties are liable for these offences involving birds on Schedule 1 (e.g. most birds of prey, kingfisher, barn owl, black redstart, little ringed plover). Intentionally or recklessly3 disturb a Schedule 1 species while it is building a nest or is in, on or near a nest containing eggs or young; intentionally or recklessly disturb dependent young of such a species.

No licences are available to disturb any birds in regard to development. Licences are available in certain circumstances to damage or destroy nests, but these only apply to the list of licensable activities in the Act and do not cover development.

General licences are available in respect of ‘pest species’ but only for certain very specific purposes e.g. public health, public safety, air safety.

Great crested newt

Conservation of Habitats and Species Regulations 2010 Reg 41

Deliberately1 capture, injure or kill a great crested newt; Deliberate disturbance2 of a great crested newt; Deliberately take or destroy its eggs; Damage or destroy a breeding site or resting place used by a great crested newt.

Licences issued for development by NE. https://www.gov.uk/great-crested-newts-protection-surveys-and-licences European Protected Species: Mitigation Licensing - How to get a licence (NE 2010) Great Crested Newt Mitigation Guidelines (English Nature 2001)


Intentionally or recklessly3 obstruct access to any structure or place used for shelter or protection or disturb a great crested newt in such a place.

Licences issued for science (survey), education and conservation by NE.

1Deliberate capture or killing is taken to include “accepting the possibility” of such capture or killing 2Deliberate disturbance of animals includes in particular any disturbance which is likely a) to impair their ability (i) to survive, to breed or reproduce, or to rear or nurture their young, or (ii) in the case of animals of hibernating or migratory species, to hibernate or migrate; or b) to affect significantly the local distribution or abundance of the species to which they belong. Lower levels of disturbance not covered by the Conservation of Habitats and Species Regulations 2010 remain an offence under the Wildlife and Countryside Act 1981 although a defence is available where such actions are the incidental result of a lawful activity that could not reasonably be avoided. Thus deliberate disturbance that does not result in either (a) or (b) above would be classed as a lower level of disturbance. 3The term ‘reckless’ is defined by the case of Regina versus Caldwell 1982. The prosecution has to show that a person deliberately took an unacceptable risk, or failed to notice or consider an obvious risk. 4The Wildlife and Countryside Act (1981) has been updated by various amendments, including the Countryside and Rights of Way Act 2000 and the Natural Environment and Rural Communities Act 2006. A full list of amendments can be found at http://jncc.defra.gov.uk/page-1377

1 This report provides guidance of potential offences as part of the impact assessment. This report does not provide detailed legal advice and for full details of potential offences against protected species the relevant acts should be consulted in their original forms i.e. The Wildlife and Countryside Act, 1981, as amended, The Countryside and Rights of Way Act 2000, The Natural Environment and Rural Communities Act, 2006 and The Conservation of Habitats and Species Regulations 2010.



Site Designation Legislation

Protection Guidance

Local Sites There is no statutory designation for Local Sites.

Local Sites are given protection through policies in the Local Development Plan.

Development proposals that would potentially affect a Local Site would need to provide a detailed justification for the work, an assessment of likely impacts, together with proposals for mitigation and restoration of habitats lost or damaged.

Further guidance can be found in the National Planning Policy Framework and the accompanying joint Circular (ODPM Circular 6/2005 & Defra Circular 01/2005) to PPS9 for England, which is still valid.

Habitats & Species

Legislation

Guidance

Species and Habitats of Principal Importance for the Conservation of Biodiversity

Natural Environment & Rural Communities Act 2006 S.40 (which superseded S.74 of the Countryside & Rights of Way Act 2000).

S.40 of the NERC Act 2006 sets out the duty for public authorities to conserve biodiversity in England.

Habitats and species of principal importance for the conservation of biodiversity are identified by the Secretary of State in consultation with NE, are referred to in S.41 of the NERC Act for England. The list of habitats and species was updated in 2008:

http://webarchive.nationalarchives.gov.uk/20140605090108/http:/www.naturalengland.org.uk/ourwork/conservation/biodiversity/

protectandmanage/habsandspeciesimportance.aspx

The habitats and species listed are not necessarily of higher biodiversity value, but they may be in decline. Habitat Action Plans and Species Action Plans are written for them or are in preparation, to guide their conservation.

Ecological impact assessments should include an assessment of the likely impacts to these habitats and species.



Appendix A. Target Notes Target Note Description Photograph

1 Several lapwing (Vanellus vanellus) present within the vicinity, with one adult alarm calling for the duration of the survey, indicating that they are highly likely to have an active nest either within the site boundary or adjacent.

2 A tall drystone wall, approximately 6-7ft in height is present around the perimeter of the site. Several small breaks in the wall have been replaced by timber fencing.

3 Poor semi-improved grassland which is gazed much of the year by sheep and cattle. At the time of survey, the sward was approximately 10cm in height. Perennial rye grass (Lolium perennae) is dominant, with abundant annual meadow grass (Poa annua), frequent stands of meadow foxtail (Alopecurus pratensis) and red fescue (Festuca rubra), sweet vernal grass (Anthoxanthum oderatum) and Yorkshire fog (Holcus lanatus) occurring occasionally. Broadleaved dock (Rumex obtusifolius) was found to be frequent with creeping thistle (Cirsium arvense) and mouse ear (Cerastium fontanum) occurring rarely within the sward.

4 Areas of tall ruderal vegetation occur frequently around the perimeter of the site, ranging from narrow strips to stands reaching 3 m from the boundary wall. Stands are dominated by common nettle (Urtica dioica) with frequent broadleaved dock.



5 A dry drainage ditch runs around much of the site perimeter. The ditch is dry to walk in with no areas of standing water, though the profile of the ditch is still visible. Vegetation is dominated by float grass (Glyceria fluitans) with occasional horsetail (Equisetum sp.).

6 Mature hawthorn (Crataegus monogyna) with some areas of lifted bark. These features are thought to have negligible potential for supporting roosting bats, due to the limited crevice space they provide.

7 Mature sycamore (Acer pseudoplatanus) located on the site boundary. Damage at the base of the trunk leads into a potential cavity which would provide moderate potential for roosting bats.



Appendix B. Phase 1 Habitat Plan



Legislation Covering Great Crested Newts Great crested newts are protected by European and UK law, in practical terms this means it is an offence to;

• Deliberately capture, injure or kill a GCN • Deliberately disturb a GCN • Deliberately take or destroy GCN eggs • Damage or destroy a breeding site or resting place

used by a GCN

Penalties on conviction: the maximum fine is £5,000, up to six months in prison, per offence and forfeiture of items used to commit the offence, e.g. vehicles, plant, machinery. Defences include:

1. Tending/caring for a GCN solely for the purpose of restoring it to health and subsequent release

2. Mercy killing where there is no reasonable hope of recovery (provided that person did not cause the injury in the first place – in which case the illegal act has already taken place).

Appendix C. Contractor Information for Great Crested Newt

Terrestrial phase

Orange belly with black spots

GCN spend most of their time on land, returning to ponds in the spring to breed. They can be found in:

• Ponds, including field ponds, garden ponds and ditches

• Rock/log piles

• Dry stone walls,

• Debris, such as pallets, sleepers etc.,

• Root systems of trees, scrub and hedgerows

• Rough/tussocky grassland



Procedure if GCN are found: If you find a GCN or suspect GCN to be present you must stop works immediately and contact the project manager. Contractors should avoid handling GCN. If handling is essential to move GCN away from harm, dampened gloves must be worn or hands must be dampened. If GCN is in imminent danger Stop works - - - - - > put on dampened gloves/dampen hands - - - - - > place GCN in a box/safe place, ideally with some damp vegetation - - - - - - -> Call Bowland Ecology (Tel. 01200 446777) *Always wash hands after handling due to GCN skin toxins* GCN is not in immediate danger Stop works - - - - - > Call Bowland Ecology (Tel. 01200 446777)

Female

Very dark, warty

Orange stripy toes

Aquatic phase

Male

Crest

White spotting



Appendix D. Native Species for Planting

Scientific name Common Name

Large trees

Alnus glutinosa Alder

Betula pendula Silver birch

Carpinus betulus Hornbeam

Fagus sylvatica Beech

Fraxinus excelsior Ash

Ilex aquifolium Holly

Pinus sylvestris Scots pine

Populus nigra Black poplar

Quercus petraea Sessile oak

Quercus robur English oak

Salix alba White willow

Salix fragilis Crack willow

Tilia cordata Small leaved lime

Tilia platyphyllos Large-leaved lime

Ulmus glabra Wych elm

Ulmus minor small-leaved elm

Ulmus procera English elm

Medium trees

Betula pubescens Downy birch

Crataegus monogyna Hawthorn

Populus tremula Aspen

Prunus avium Wild cherry

Prunus padus Bird cherry

Salix caprea Goat willow

Salix pentandra Bay willow

Salix triandra Almond willow

Sorbus aria Whitebeam

Sorbus aucuparia Rowan

Sorbus domestica Wild service tree

Taxus baccata Yew

Small trees

Acer campestre Field maple

Arbutus unedo Strawberry tree

Buxus sempervirens Box

Corylus avellana Hazel

Crataegus laevigata Midland hawthorn

Malus sylvestris Crab apple

Prunus spinosa Blackthorn

Pyrus cordata Plymouth pear

Frangula alnus Alder buckthorn

Salix cinerea Grey willow

Salix viminalis Osier

Sambucus nigra Elder



Large shrubs

Cornus sanguinea Dogwood

Euonymus europaeus Spindle

Hippophae rhamnoides Sea buckthorn

Juniperus communis Juniper

Ligustrum vulgare Wild privet

Rhamnus cathartica Buckthorn

Rosa caesia Hairy dog rose

Rosa canina Dog rose

Rosa micrantha Small-flowered sweet briar

Rosa stylosa Short-styled field rose

Rosa tomentosa Harsh downy rose

Salix myrsinifolia Dark-leaved willow

Salix purpurea Purple willow

Salix aurita Eared willow

Sorbus leptophylla Welsh whitebeam

Viburnum lantana Wayfaring tree

Viburnum opulus Guelder rose

Medium shrubs

Cytisus scoparius Broom

Rosa agrestis Small-leaved sweet briar

Rosa arvensis Field rose

Rosa mollis Soft downy rose

Rosa rubiginosa Sweet briar

Rosa sherardii Sherard’s downy rose

Sorbus anglica English whitebeam

Ulex europaeus Gorse

Ulex gallii Western gorse

Small shrubs

Rosa pimpinellifolia Burnet rose

Ruscus aculeatus Butchers broom

Salix herbacea Dwarf willow

Salix lanata Woolly willow

Salix lapponum Downy willow

Salix myrsinites Whortle-leaved willow

Salix reticulata Net-leaved willow



Legislation Covering UK Bat Species All UK Bat species are protected by European and UK law, in practical terms this means it is an offence to;

• Deliberately capture, injure or kill a bat • Intentionally or recklessly disturb a bat in its

roost or deliberately disturb a group of bats • Damage or destroy a bat roosting place (even

if bats are not occupying the roost at the time) • Possess or advertise/sell/exchange a bat

(dead or alive) or any part of a bat • Intentionally or recklessly obstruct access to

a bat roost

Penalties on conviction: the maximum fine is £5,000 per incident or per bat (some roosts contain several hundred bats), up to six months in prison, and forfeiture of items used to commit the offence, e.g. vehicles, plant, machinery. Defenses include:

3. Tending/caring for a bat solely for the purpose of restoring it to health and subsequent release

4. Mercy killing where there is no reasonable hope of recovery (provided that person did not cause the injury in the first place – in which case the illegal act has already taken place).

Appendix E. Contractor Information for Bats

Where bats can be found:

• Free hanging from ceilings/pipes,

• Under barge boards,

• In cavity walls,

• Under roof coverings,

• Between beams,

• In cracks in stone or concrete,

• Behind peeling paint/wall coverings,

• In holes in walls or pipes,

• Gaps behind window frames, door frames, lintels,

• Behind ivy-cladding,

• In trees (cracks, holes, ivy cladding).



Procedure if bats are found: If you find a bat or suspect bats to be present you must stop works immediately and contact the project manager. Contractors should avoid handling bats as a very small number of bats in the UK have been identified as carrying a rabies virus called European Bat Lyssavirus (EBLV). If handling is absolutely essential to move bats away from harm, gloves must be worn. If bat is in imminent danger Stop works - - - - - > Gloves on - - - - - - - - > place bat in a box/safe place - - - - - - -> Call Bowland Ecology (Tel. 01200 446777) Bat is not in immediate danger Stop works - - - - - > Call Bowland Ecology (Tel. 01200 446777)

Signs to Look for:

Live or Dead Bats – these can be found in various places in buildings or within trees.

Bat Droppings – the presence of droppings indicate a bat roost and can be found in all the places mentioned above and on the ground beneath these features. Bat droppings look like mouse droppings but will crumble between your fingers (they are dry and made entirely of insects).



Appendix F. BCT Guidelines on assessing suitability of sites for bats

Suitability Description of Roosting Habitat Commuting & Foraging Habitats

Negligible Negligible habitat features on site likely to be used by roosting bats

Negligible habitat features on site likely to be used by commuting or foraging bats.

Low A structure with one or more potential roost sites that could be used by individual bats opportunistically. However, these potential roost sites do not provide enough space, shelter, protection, appropriate conditions and/or suitable surrounding habitats to be used on a regular basis or by a larger number of bats (i.e. unlikely to be suitable maternity or hibernation). A tree of sufficient size and age to contain potential roosting features but with none seen from the ground, or feature seen with only very limited roosting potential.

Habitat that could be used by small numbers of commuting bats such as a gappy hedgerow or unvegetated stream, but isolated i.e. not very well connected to the surrounding landscape by other habitat. Suitable, but isolated habitat that could be used by small numbers of foraging bats such as a lone tree (not in a parkland situation) or a patch of scrub.

Moderate A structure or tree with one or more potential roost sites that could be used by bats due to their size, shelter, protection, conditions, and surrounding habitat but unlikely to support a roost of high conservation status.

Continuous habitat connected to the wider landscape that could be used by bats for commuting, such as lines of trees and scrub or linked back gardens. Habitat that is connected to the wider landscape that could be used by bats for foraging, such as trees, scrub, grassland or water.

High A structure or tree with one or more potential roost sites that are obviously suitable for use by larger numbers of bats on a more regular basis, and potentially for longer periods of time due to their size, shelter, protection, conditions and surrounding habitat.

Continuous high quality habitat that is well connected to the wider landscape that is likely to be used regularly by commuting bats such as river valleys, streams, hedgerows, lines of trees and woodland edge. High quality habitat that is well connected to the wider landscape that is likely to be used regularly by foraging bats, such as broadleaved woodland, tree-lined watercourses and grazed parkland. Site is close and connected to know roosts.

BOW20 238 Heckenhurst Reservoir, Ecological Appraisal Report

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