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and slow worm (Anguis fragilis) are afforded a measure of protection under the
Wildlife and Countryside Act 1981 (as amended). As a result it is an offence to:
• intentionally, or recklessly kill a grass snake, adder, common lizard or slow
worm;
• intentionally or recklessly injure a grass snake, adder, common lizard or slow
worm; or,
• sell a grass snake, adder, common lizard or slow worm.
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2.6.2 Grass snake, adder, common lizard and slow worm are also listed as priority species
on the UK BAP, in addition to being species of principle importance under the Natural
Environment and Rural Communities Act 2006.
2.6.3 Where work could result in the killing and/or injury of any reptiles appropriate
mitigation should be devised and implemented with agreement from the local
planning authority or Natural England. However, mitigation for these species is not
subject to licensing by Natural England.
2.6.4 The habitat of these reptiles is not legally protected from damaged or destruction, and
the licensing system does not, therefore, include a requirement to provide
replacement habitats in compensation for habitat loss associated with a development.
2.7 Nesting Birds
2.7.1 With certain exceptions2, all wild birds, their nests and eggs are protected by the
Wildlife and Countryside Act 1981 (as amended). Therefore, it is an offence, inter
alia, to:
• Intentionally take, damage or destroy the nest of any wild bird while it is in use
or being built; or,
• Take or destroy the egg of any wild bird.
2.7.2 Bird species listed on Schedule 1 of the Act receive a higher level of protection under
the Wildlife and Countryside Act 1981 (as amended), thus for these species it is also
an offence to:
• Disturb any bird while it is nest building, or is at a nest containing eggs or
young; or,
• Disturb the dependent young of any such bird.
2.7.3 A number of birds frequently associated with tree and hedgerow nesting are also
listed on the UKBAP and Lancashire LBAP.
2 Some species, such as game birds, are exempt in certain circumstances.
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2.8 Himalayan Balsam
2.8.1 Himalayan Balsam is listed on Schedule 9 of the Wildlife and Countryside Act 1981.
In accordance with guidance on Section 14 of the Wildlife and Countryside Act, 1981
you must not:
• allow invasive plants to spread onto adjacent land - the owner of that land
could take legal action against you; or,
• plant or encourage the spread of invasive plants outside of your property -
this can include moving contaminated soil from one place to another or
incorrectly handling and transporting contaminated material and plant
cuttings.
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3.0 METHODOLOGY
3.1 Desk Study
3.1.1 Desk studies are important as they can indicate the presence or potential presence of
legally protected and/or other notable species that could occur within the site or
surrounding area, remain undetected during a single site visit, and could impose a
constraint on the planned development.
3.1.2 A desk study was undertaken in order to gather information relating to statutory and
non-statutory nature conservation sites and records of species that are afforded legal
protection or are otherwise of notable nature conservation value (see Box 1). The
search was extended to include areas within a 2km radius of the site boundary, as the
proposed development is unlikely to have effects on ecological receptors beyond this
distance. Species records from the past 15 years were requested.
3.1.3 The following sources of information were consulted:
• Lancashire Environment Record Network (LERN);
• Lancashire Badger Group;
• Multi Agency Geographic Information for the Countryside (MAGIC) at
www.magic gov.uk; and,
• Natural England website at www.naturalengland.org.uk.
3.1.4 A search was also undertaken to identify potential great crested newt breeding
sites/ponds situated within 500m of the site using 1:10,000 Ordnance Survey maps.
This search area reflects the fact that great crested newt spend much of their life
within terrestrial habitats, typically remaining within 500m of their breeding ponds
(English Nature, 2001), however, they are commonly concentrated within 250m of
these ponds.
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Box 1 Designated Wildlife Sites and Protected and Notable Species
Statutory nature conservation sites
Internationally important sites: Special Areas of Conservation (SACs) and candidate SACs, Special Protection Areas (SPAs) and proposed SPAs, Sites of Community Importance (SCI), Ramsar sites and European offshore marine sites.
Nationally important sites: Sites of Special Scientific Interest (SSSIs) that are not subject to international designations and National Nature Reserves (NNRs)
Local Nature Reserves (LNRs) are statutory sites that are of importance for recreation and education as well as nature conservation. Their level of importance is defined by their other statutory or any non-statutory designation (e.g. if an LNR is also an SSSI but is not an internationally important site, it will be of national importance). If an LNR has no other statutory or non-statutory designation it should be treated as being of borough-level importance for biodiversity.
Non-statutory nature conservation sites
Non-statutory nature conservation sites in Lancashire are known as Biological Heritage Sites (BHS). BHSs contain valuable habitats such as ancient woodland, species-rich grassland and bogs. Many provide a refuge for rare and threatened plants and animals. BHSs form an irreplaceable part of the environment and are a major part of the strategy to conserve the biological richness of Lancashire, are of county wide importance and may be identified in local Biodiversity Action Plans.
In Lancashire there are at present over 1100 Biological Heritage Sites covering 25000ha this represents 8% of the County area.
Legally protected species
Many species of animal and plant receive some degree of legal protection. For the purposes of this study, legal protection refers to:
• species included on Schedules 1, 5 and 8 of the Wildlife and Countryside Act 1981 (as amended), excluding species that are only protected in relation to their sale (see Section 9[5] and 13[2]), reflecting the fact that the proposed development does not include any proposals relating to the sale of species;
• species included on Schedules 2 and 4 of The Conservation of Habitats and Species Regulations 2010 (SI 2010/490); and
• badgers, which are protected under the Protection of Badgers Act 1992.
Notable habitats and species
There are a number of habitats and species, which, whilst not receiving statutory protection, are of importance to nature conservation. These are referred to as notable, and include:
• Habitats and species of principal importance for the conservation of biological diversity in England; these are listed in accordance with Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006;
• National importance: Habitats and species of principal importance for the conservation of biological diversity in England. These are listed on http://www.ukbap-reporting.org.uk/news/details.asp?X=45. These include those UK BAP priority habitats and species that occur in England;
• National importance: Species listed as being of conservation concern in the relevant UK Red Data Book (RDB) or the Birds of Conservation Concern Red List (Eaton et al, 2009);
• National importance: Nationally Scarce species, which are species recorded from 16- 100 10 x 10km squares of the national grid;
• National importance: Ancient woodland (i.e. areas that have been under continuous woodland cover since at least 1600).
County importance: Habitats and species listed in the local Biodiversity Action Plan (LBAP).
Legal control
Schedule 9 of the Wildlife and Countryside Act 1981 (as amended) lists species of animal that it is an offence to release or allow to escape into the wild and species of plant that it is an offence to plant or otherwise cause to grow in the wild.
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3.2 Extended Phase 1 Habitat Survey
3.2.1 An extended Phase 1 habitat survey was carried out on 27th November 2013 by
Ecologist Jennie Caddick BSc (Hons), MCIEEM, AIEMA. The survey area comprised
land inside the red line site boundary and, where access was possible, immediately
adjacent to the site boundary.
3.2.2 The survey method was based on the standard Phase 1 habitat survey methodology3.
Phase 1 habitat survey is a standard technique for obtaining baseline ecological
information for areas of land. It is primarily a mapping technique and uses a standard
set of habitat definitions for classifying areas of land on the basis of the vegetation
present.
3.2.3 Within the survey area, distinct habitats were identified and mapped. The standard
Phase 1 habitat survey methodology is concerned only with vegetation communities,
therefore the method was extended to include the collection of information on other
features of potential nature conservation value, particularly to identify the
presence/potential presence of legally protected species. The survey area was
assessed for:
• The potential presence of previously unrecorded areas or features of
ecological interest;
• Evidence of the presence of legally protected species and other species of
notable nature conservation value;
• The presence of habitats that could support legally protected or notable
species; and,
• The presence of invasive plant species.
3.3 Survey Constraints
3.3.1 The extended Phase 1 habitat survey was undertaken outside the optimal time of
year for Phase 1 habitat survey, however, a period of mild weather prior to the survey
may have allowed for seasonal vegetation to remain visible for longer than usual.
3 JNCC, ‘Handbook for Phase 1 habitat survey – a technique for environmental audit’ (revised
2003).
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4.0 RESULTS
4.1 Desk Study
4.1.1 Sites of Nature Conservation Value
4.1.2 No records of statutory sites of nature conservation value were identified within 2km
of the site during the desk study, however, twenty one records of Biological Heritage
Sites (BHS), non-statutory sites of nature conservation value within Lancashire, were
identified. BHSs are detailed in Table 4.1 below in order of the approximate distance
in which they occur from the site boundary, with a location map provided at Appendix
1a.
Table 4.1 – Site Records
Site name Grid
reference
Distance from the site
boundary
Stanworth Valley Grassland SD 647 245 ~555m to the south-west.
Moulden Banks SD 644 251 ~750m to the west.
Pleasington Playing Fields (South) SD 654 264 ~815m to the north.
Stanworth Valley Woods - East (Stockclough,
Heald and Hole Bottom Woods) SD 652 234 ~820m to the south.
Whinney Bank and Feniscowles Woods SD 640 254 ~870m to the west.
Higher Bog Height Pasture SD 720 247 ~900m to the east.
River Darwen Field SD 646 261 ~975m to the north-west.
Feniscliffe Playing Field SD 662 268 ~1150m to the north.
Stanworth Valley Wood - West SD 645 243 ~1155m to the south-west.
Pleasington Field (North), Witton Woods and
Tongue Hill SD 650 268 ~1265m to the north.
Stanworth Woods and Reservoir (Star Paper Mill
Woods) SD 641 250 ~1270m to the south-west.
Fernhurst Wood SD 677 254 ~1470m to the north-east.
Causeway Wood SD 631 257 ~1560m to the north-west.
Meadow Head Fields and Moss Brook SD 676 236 ~1645m to the south-east.
Darwen Valley Parkway SD 683 254 ~1790m to the east.
Maiden House Wood SD 641 268 ~1820m to the north-west.
The Roughs SD 639 266 ~1825m to the north-west.
Abbey Village (Red Lee) Reservoir, Abbey Village
Wood and Red Lee Wood SD 643 231 ~1880m to the south-west.
Owlet Holes Wood and River Bank SD 631 259 ~1895m to the north-west.
Maiden House (Trout Brook) Grassland and Flushes SD 642 270 ~2000m to the north-west.
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Billinge and Yellow Hills SD 653 279 ~2000m to the north.
4.1.3 Protected Species
4.1.4 Four hundred and thirteen (413) records of protected and notable species from the
last 15 years were returned from the LERN following the desk study. Where present,
records older than 15 years were reviewed however they are in the main discounted
as being out of date. No records of protected or notable species were identified
inside the site boundary.
4.1.5 No records of badger setts, or of other badger activity, were returned from the
Lancashire Badger Group.
4.1.6 A plan showing the location of protected and notable species records is provided at
Appendix 1b with a full list of the records at Appendix 1c.
4.1.7 Five records of other mammals including three brown hare (Lepus europaeus), a
soprano pipistrelle bat (Pipistrellus pygmaeus) and an unidentified bat species
(Chiroptera species) were noted. All three hare records occur adjacent to Lower
Whitehaigh Farm, approximately 395m to the south of the site boundary. The closest
bat record was recorded approximately 845m to the south-east of the site boundary at
Bottom of Morris Brow.
4.1.8 Forty nine records of amphibians comprising fifteen common frogs (Rana temporaria),
fifteen common toad (Bufo bufo), eight palmate newts (Lissotriton helveticus), six
smooth newts (Lissotriton vulgaris) and five great crested newt were noted.
4.1.9 Great crested newt records occur at Moulden Banks BHS, Stanworth Valley Wood -
West BHS and Fenhurst Wood BHS. These sites are all beyond 500m from the site
boundary.
4.1.10 Two records of slow-worm were identified with one record from Moulden Banks BHS
located approximately 750m to the west of the site, and a second record adjacent to
Lower Whitehaigh Farm, approximately 395m to the south of the site boundary.
4.1.11 In addition, seventy records of birds including species commonly associated with
nesting and foraging within those habitats recorded in the site boundary were also
identified.
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4.1.12 Ponds
4.1.13 No ponds were identified inside the site or within 500m of the site boundary during the
desk study.
4.2 Extended Phase 1 Habitat Survey
4.2.1 Habitats
4.2.2 The site is approximately 55.4 hectares in size and comprises majority poor semi-
improved neutral grassland interspersed with marshy grassland. Tall ruderal and
scrub habitats, broadleaved semi-natural woodland and running water were also
recorded during the survey.
4.2.3 With exception of gardens at Horden Farm and the unnamed woodland on Gib Lane,
grazing livestock have free access to the remainder of the habitats within the site
boundary.
4.2.4 A description of the habitats recorded within the survey area is given below with the
distribution of habitats, including target notes (T1) indicating the location of features of
ecological interest, annotated on Figure 1. Photos are provided at Appendix 2.
4.2.5 Poor Semi-improved Neutral Grassland
4.2.6 The majority of the site comprises poor semi-improved neutral sheep-grazed
grassland (Photo 1), with evidence of cattle and horses present in fields to the north-
east. Fields to the north-east are also noticeably more water-logged, with large areas
of wet/saturated ground identified.
4.2.7 Species recorded in the grassland sward include frequent perennial ryegrass (Lolium
perenne) with cock’s-foot grass (Dactylis glomerata), broadleaved plantain (Plantago
major), creeping buttercup (Ranunculus repens), clover (Trifolium species) and
broad-leaved dock (Rumex obtusifolius).
4.2.8 A dense layer of moss was noted on the grassland slope to the west side of
Cockridge Wood (Target note 1).
4.2.9 Areas adjacent to and surrounding field accesses/gateways are heavily poached, with
deep mud (Photo 2).
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4.2.10 Marshy Grassland
4.2.11 With exception of five of the fields within the site boundary, marshy grassland is
interspersed throughout the poor semi-improved neutral grassland across the site
(Photo 3) and comprises dense swathes of soft rush (Juncus effusus) with tufted hair-
grass (Deschampsia cespitosa). Some areas have been grazed by livestock.
4.2.12 Notable large, dense areas of marshy grassland were recorded around the edges and
within the understorey of Cockridge Wood, and across a large part of Green Hills
Wood (Photo 4) with bramble and bracken (Pteridium aquilinum) also recorded here.
4.2.13 Improved Grassland
4.2.14 A small paddock comprising a heavily grazed, short sward was recorded to the south
of Norden Farm. The paddock was being grazed by llama (Lama glama) at the time
of the survey.
4.2.15 Tall Ruderal Vegetation & Scrub
4.2.16 A narrow strip of tall ruderal with isolated scrub vegetation is present around the
majority of the site margin, inside the field edges and adjacent to the bordering
garden and road boundaries. Dominant species recorded include common sorrel