EXTENDED PHASE 1 HABITAT SURVEY

EXTENDED PHASE 1 HABITAT SURVEY

COLESHILL SEWAGE TREATMENT WORKS

A Report to Severn Trent PLC

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-113724-REV A

June 2013

Coleshill Sewage Treatment Works: Extended Phase 1 Habitat Survey RT-MME-113724- REV A

Middlemarch Environmental Ltd.



CONTROLLED COPY

01 OF 02

01 SEVERN TRENT PLC 02 MIDDLEMARCH ENVIRONMENTAL LTD

This report was compiled by: Anna Dudley MCIEEM and Amy Kelly MSc

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 C113724

June 2013



EXECUTIVE SUMMARY

Middlemarch Environmental Ltd was commissioned by Severn Trent PLC to carry out an initial ecological

appraisal of an area of Coleshill Sewage Treatment works in Coleshill,. It is understood by that the proposed

works include the construction of an anaerobic digester plant. To fulfil this brief an ecological desk study and

Extended Phase 1 Habitat Survey were undertaken. Middlemarch Environmental Ltd has previously carried

out an Extended Phase 1 Habitat Survey at this site in December 2012; however this report provides an

updated assessment of the site and includes an additional area to the north of the River Tame. The findings of

the previous survey are detailed in Middlemarch Environmental Ltd Report RT-MME-113203.

The ecological desk study revealed no nature conservations sites with statutory protection and seven nature

conservation sites with non-statutory protection within a 1km radius of the survey area. Of these sites the

sludge bed potential Local Wildlife Site (pLWS) was located within the survey area and the River Tame

pLWS bisected the area. The desk study also provided records of notable species within 1km of the site,

which include water speedwell Veronica anagallis-aquatica, small heath butterfly Coenonympha pamphilus

and a veteran English oak Quercus robur. The National Biodiversity Network (NBN) identified a number of

protected mammals, amphibians and reptiles within 10 km of the survey area.

The Extended Phase 1 Habitat Survey was conducted on the 15th March 2013 by Anna Dudley (Principal

Technical Ecological Consultant). At the time of the survey the study area comprised part of a sewage

treatment works bisected by the River Tame. The southern part of the survey area (Area 1) included sludge

tanks of various sizes containing standing water, amenity grassland, scattered trees, numerous areas of

recently strimmed vegetation and tree stumps . A building was also noted on site. The northern part of the

study area (Area 2) comprised overgrown sludge beds with riparian trees along the River Tame and the

unnamed watercourse which runs adjacent to the northern site boundary.

The key ecological features on site in relation to the works proposed include the River Tame corridor and the

disused sludge beds within Area 2. However, no proposed works will be undertaken within Area 2; therefore

the sludge beds will not be impacted. The river corridor may provide suitable habitat for otter, water voles and

white clawed crayfish. The scrub vegetation may be suitable for use by nesting birds and semi-improved

grassland may provide suitable habitat for reptiles.

In order to ensure compliance with wildlife legislation and relevant planning policy, the following

recommendations are made:

Habitats:

• Water courses and Trees: Protect the River Tame and any retained trees in accordance with best

practice.

• Site Enhancement: Once the works are completed, opportunities should be taken to enhance

habitats around the edge of the site where possible.



Species:

• Nesting Birds: Vegetation clearance should be undertaken outside the nesting bird season or should

be checked by an experienced ecologist prior to works commencing.

• Badger: If no site works are to commence within two years of the survey the site must be re-

surveyed to assess whether badgers have re-colonised in the interim.

• Bats: Avoid illumination of the site to avoid disturbance to foraging bats.

• Reptiles: A reptile survey must be undertaken with Area 1 of the site (currently underway)

• Terrestrial Mammals: Any excavations that need to be left overnight should be covered or fitted with

mammal ramps to ensure that any animals that enter can safely escape.

• Otter and Water Vole: As works will be undertaken within 8 m of the river bank an Otter and Water

Vole survey must be conducted to determine the utilisation of the river by these species. .



CONTENTS

1. INTRODUCTION ..................................................................................................................................................... 6

1.1 PROJECT BACKGROUND ................................................................................................................................... 6 1.2 SITE DESCRIPTION ............................................................................................................................................ 6

2. METHODOLOGIES ................................................................................................................................................ 7

2.1 DESK STUDY ...................................................................................................................................................... 7 2.2 EXTENDED PHASE 1 HABITAT SURVEY .............................................................................................................. 7

3. DESK STUDY RESULTS ...................................................................................................................................... 8

3.1 INTRODUCTION ................................................................................................................................................. 8 3.2 NATURE CONSERVATION SITES ......................................................................................................................... 8 3.3 PROTECTED AND NOTABLE SPECIES ................................................................................................................ 9 3.4 INVASIVE SPECIES .......................................................................................................................................... 10

4. EXTENDED PHASE 1 HABITAT SURVEY ...................................................................................................... 11

4.1 INTRODUCTION ............................................................................................................................................... 11 4.2 SURVEY CONSTRAINTS ................................................................................................................................... 11 4.3 HABITATS ........................................................................................................................................................ 11 4.4 FAUNA ............................................................................................................................................................. 15 4.5 INVASIVE PLANT SPECIES ............................................................................................................................... 15 5.1 SUMMARY OF PROPOSALS ............................................................................................................................. 16 5.2 NATURE CONSERVATION SITES ...................................................................................................................... 16 5.3 HABITATS ........................................................................................................................................................ 16 5.4 PROTECTED/NOTABLE SPECIES ..................................................................................................................... 17 5.5 INVASIVE PLANT SPECIES ............................................................................................................................... 19

6. RECOMMENDATIONS ........................................................................................................................................ 20

6.1 NATURE CONSERVATION SITES ...................................................................................................................... 20 6.2 HABITATS ........................................................................................................................................................ 20 6.3 PROTECTED/NOTABLE SPECIES ..................................................................................................................... 20 6.4 INVASIVE PLANT SPECIES ............................................................................................................................... 22

REFERENCES AND BIBLIOGRAPHY ....................................................................................................................... 23

APPENDICES ................................................................................................................................................................. 24

APPENDIX 1 ............................................................................................................................................................... 25 APPENDIX 2 ............................................................................................................................................................... 27 APPENDIX 3 ............................................................................................................................................................... 30



1. INTRODUCTION

1.1 PROJECT BACKGROUND

In March 2013, Severn Trent PLC commissioned Middlemarch Environmental Ltd to undertake an initial

ecological appraisal of the site of a proposed anaerobic digester plant on the land at Coleshill Sewage

Treatment Works. An additional area north of the River Tame was surveyed during March 2013, although

Middlemarch Environmental Ltd understand that it has been subsequently decided that no works will be

undertaken here.

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

updated Extended Phase 1 Habitat Survey was undertaken on the 15th March 2013.

Middlemarch Environmental Ltd has previously carried out an Extended Phase 1 Habitat Survey of this area in

December 2012 prior to vegetation clearance. This report provides an updated assessment of this area. The

findings of the previous survey are detailed in Middlemarch Environmental Ltd Report RT-MME-113203.

1.2 SITE DESCRIPTION

The survey area is centred at National Grid Reference SP 198 917. The surveyed area comprised part of the

Coleshill Sewage Treatment Works and was bisected by the River Tame. The Sothern area (Area 1) included

sludge tanks of various sizes, amenity grassland, scattered trees, numerous areas of recently strimmed

vegetation and pollarded trees. Three buildings and mobile phone masts were also noted on site. The River

Tame flowed through the centre of the survey area. The northern part of the site (Area 2) comprised sludge

beds, colonised with tall herbs or dense scrub. A single sludge bed has been recently cleared. Riparian trees

line the river bank and an unnamed watercourse runs adjacent to the northern site boundary of Area 2. .

To the east of the site is an area of hardstanding and amenity areas associated with the Coleshill Parkway

Railway Station. To the south of the site is a railway line and to the west lies short mown grassland areas

associated with the Coleshill Sewage Treatment Works. The northern part of the site (Area 2) is formed by an

undammed watercourse beyond which lie large industrial estates, open farmland and woodland. East of the

surveyed area lies further industrial estates, large areas of parkland, farmland and water bodies. Open land,

farmland and the M6 motorway lie west of the survey area.



2. METHODOLOGIES 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

• Warwickshire Biological Records Centre

• National Biodiversity Network (NBN)

The data collected from these consultees is discussed in Section 3. Selected data is provided in Appendix 1.

2.2 EXTENDED PHASE 1 HABITAT SURVEY An Extended Phase 1 Habitat Survey was conducted following the methodology of the Joint Nature

Conservation Committee (JNCC, 2010) and the Institute of Environmental Assessment (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.

Whilst every effort is made to notify the client of any plant species listed on Schedule 9 of the Wildlife and

Countryside Act (1981, as amended) present on site, it should be noted that this is not a specific survey for

these species.



3. DESK STUDY RESULTS

3.1 INTRODUCTION All relevant ecological data provided by the consultees was reviewed and the results from these

investigations are summarised below in Sections 3.2 and 3.3. Selected data is 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 indicates that no nature conservation sites with statutory protection and 7 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 Nature Conservation Sites

Site Name Designation Proximity to Survey Area Description

River Tame pLWS Bisects site

The site includes the river corridor and associated habitats including several areas of species rich semi-improved grasslands, marshy grassland, areas of swamp and tussocky grassland. The river provides a link for a chain of wetland habitats which have considerable ornithological value.

Sludge Beds pLWS On site

A large site with mixed habitats on sludge beds and an old tip, including grassland, swamp, open water and willow scrub. The sludge beds are partly in use, whilst others are vegetated with a mix of willow Salix sp and osier scrub, swamp, tall herb, grassland and ruderal species.

Jack O Watton Rough Ground Ecosite 600 m south west

Unmanaged semi-improved grassland with scattered sycamore Acer pseudoplatanus, hawthorn Crataegus monogyna and bramble Rubus fruticosus agg, disturbed ground adjacent to the River Tame, the River Cole, Water Orton Grasslands and sludge beds.

Coleshill Sewage Works Grassland LWS 600 m west

An area of unmanaged floodplain grassland with ditches, broadleaved plantation and scrub. The site represents a rare fragment of relatively unmodified floodplain landscape on the edge of an urban area.

River Cole pLWS 720 m south east

Includes areas of grassland and marsh, whilst a few small woodlands can also be found adjacent. There are also a number of associated field ponds which appear suitable for great crested newt Triturus cristatus.

Disturbed Ground Adjacent to River Tame pLWS 840 m east

A disturbed area of poor semi-improved grassland. There is also a vegetated ditch which is dominated by reed sweet-grass Glyceria maxima, reed canary-grass Phalaris arundinacea and common reed Phragmites australis.

Water Orton Grasslands LWS 1 km west Large area of marshy grassland on low-lying ground. The site also includes a stand of young alder Alnus glutinosa and willow.

Key: LWS: Local Wildlife Site pLWS: potential Local Wildlife Site Ecosite: Ungarded nature conservation site identified as a potential Local Wildlife Site (pLWS) and designated a Local Wildlife Site (LWS).



3.3 PROTECTED AND NOTABLE 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. Relevant records of UK and local Biodiversity Action Plan species 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?

NERC S.41 List?

Legislation / Conservation

Status

Invertebrates Small Heath butterfly Coenonympha pamphilus

1 2010 850 m north east - -

Vascular Plants Water Speedwell Veronica anagallis-aquatica

2 1990 450 m east - - - Very rare in Warwickshire

English Oak Quercus robur (veteran)

1 2007 850 m north east - - -

Key: UK BAP: United Kingdom Biodiversity Action Plan. Local BAP: Warwickshire, Coventry and Solihull Local Biodiversity Action Plan NERC S.41: Natural Environment and Rural Communities Act 2006, Section 41: Habitats and Species of Principal Importance in England. Note. This table does not include reference to the Berne Convention (Convention on the Conservation of European Wildlife and Natural Habitats), the Bonn Convention on the Conservation of Migratory Species of Wild Animals or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Table 3.2: Summary of protected/notable species records within 1 km radius of study site

Additionally, an assessment of the National Biological Network (NBN) dataset was also completed to

determine any records of additional protected or notable species from within the local area. The following

species have been recorded within the 10 km grid square (National Grid Reference SP19) in which the site is

located:

Amphibians

• Common toad Bufo bufo.

• Great crested newt Triturus cristatus;

• Palmate newt Lisotriton helviticus, and,

• Smooth newts Lissotriton vulgaris;

Mammals

Bats:

• Brown long-eared bat Pleotus auritus;

• Common pipistrelle Pipistrellus pipistrellus;

• Daubenton’s bat Myotis daubentonii;



• Lesser noctule Nyctalus leisleri;

• Natterer’s bat Myotis nattereri;

• Noctual Nyctalus noctula;

• Serotine Eptesicus serotinus, and,

• Whiskered bat Myotis mystancinus.

Other protected mammals:

• Water vole Arvicola amphibious;

• Badger Meles meles, and,

• Otter Lutra lutra.

Reptiles

• Grass snakes Natrix natrix.

3.4 INVASIVE SPECIES No invasive species records were found 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.



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 C113724-01) 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 the 15th March 2013 by Anna Dudley (Principal Technical Ecological Consultant)

Table 4.1 details the weather conditions at the time of the survey.

Parameter Condition Temperature (ºC) 8

Cloud (%) 100 Wind (Beaufort) F 3-4

Precipitation Rain Showers Table 4.1: Weather conditions during survey period

4.2 SURVEY CONSTRAINTS March is not an optimal time for completing botanical assessments however, given the nature of the habitats

present, this was not considered to be a significant constraint to a robust initial site assessment.

4.3 HABITATS For ease of reference the descriptions have been split up into Area 1 south if the River Tame where the

proposed anaerobic digester will be located and Area 2 north of the River Tame, where no works are now

proposed.

4.3.1 Area 1 The following habitat types were recorded within Area 1 of the survey site:

• Bare Ground

• Buildings

• Fence

• Hardstanding

• Poor Semi-Improved Grassland

• Scattered Scrub

• Scattered Trees

• Sludge Tanks

• Tall Ruderal Vegetation

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



Bare Ground

A small area of bare ground was noted to the west of the site, where ground had been disturbed by vehicle

tyres, probably associated with the recent habitat management of the area (Target Note 8).

Buildings The area comprised a single-storey brick built substation, an older concrete block two-storey building and a

further single-storey brick built building. The buildings were all flat roofed, in good condition and devoid of

vegetation.

Dense Scrub The former area of impenetrable scrub in the northern part of the site had been strimmed down to just above

ground level (Target Note 5). Piles of wood chippings, the presumed remains of this vegetation clearance,

were situated to the north of the area (Target Note 4). Dense bramble Rubus fruticosus agg. was still present

along parts of the river banks, however, a section of this had also been recently strimmed (Target Note 3).

A further small area of dense scrub within the survey area was located at the north-eastern corner of the site,

outside of the Coleshill STW perimeter. This scrub was dominated by willow Salix sp. with dogwood Cornus

sp. and bramble also present.

Fence Along parts of the northern boundary of the site were metal railings approximately 1.2 m high and in poor

condition. Along the eastern and southern boundaries were a 2 m high metal palisade fencing (security

fence). None of the fences supported any substantial / notable vegetation.

Hardstanding Hardstanding surfaces within this area included asphalt roads, gravel, paving slabs and concrete, which were

devoid of vegetation.

Poor Semi-Improved Grassland Poor semi-improved grassland was situated along the banks of the River Tame. Areas of close mown / rabbit

grazed grass were noted in the west of the survey area, between three rows of water tanks, adjacent to the

access road in the middle of the site, next to the main access road. Some of the areas appeared to have

recently been mown and others were clearly grazed by rabbits as droppings and burrows were noted. Exact

grass species were difficult to identify due to the short sward and the time of year of the survey but species

recorded included bent Agrostis sp., cocksfoot Dactylis glomerata, meadow buttercup Ranunculus acris,

spear thistle Cirsium vulgare, ribwort plantain Plantago lanceolata, white clover Trifolium repens and daisy

Bellis perennis.



Scattered Scrub

The majority of scattered scrub present on site predominantly situated within the west of the site around

sludge tanks (Target Note 7) had recently been cut down at the time of survey. Scattered scrub remained

within the sludge tanks. Remaining scattered scrub was situated adjacent to the entrance, although, here

again much of the vegetation had been strimmed (Target Note 1). Remaining species included elder

Sambucus nigra, bramble Rubus fruticosus agg. and buddleia Buddleia davidii.

Scattered Trees It was evident that a numerous trees had recently been cut down within this area since the December 2012

survey, including a row of cherry Prunus sp. trees on the western boundary (Target Note 6) and numerous

trees to the west of the sludge tanks. Remaining trees on site included a small group of poplars Populus sp.

which were situated adjacent to the site entrance (approximately 16 m high) and a large conifer Lawson’s

cypress Chamaecyparis lawsoniana (approximately 15 m high) situated to the south of this area and a

mature willow tree was situated near the western boundary. Furthermore, a mature silver birch Betula

pendula approximately 10 m high and two sycamores Acer pseudoplatanus trees, approximately 10-15 m

high were noted along the southern boundary. All remaining trees were in reasonably good condition.

Sludge Tanks Three rows of sludge tanks, containing sludge matter constructed from concrete situated to the west. Each

row was approximately 78 m long and 17.5 m wide. Some of the tanks contained goat willow Salix caprea

and water of varying depths. In the centre were two tanks side by side (42 m x 17.5 m) both containing

sludge matter and three long tanks in the east of the site measuring approximately 110 m x 63 m.

Tall Ruderal Vegetation Several areas of recently strimmed tall ruderal vegetation were present around the site, including areas south

of the sludge tanks (Target Note 9) and adjacent to the site entrance (Target Note 1). An area of untouched

tall herb remained adjacent to the sludge beds. Species noted included nettle Urtica dioica, false oat grass Arrhenatherum elatius, elder Sambucus nigra, hemlock Conium maculatum and garlic mustard Alliaria

petiolata.

4.3.2 Area 2 The following habitat types were recorded within Area 2 of the survey site:

• Bare Ground.

• Dense Scrub

• Hardstanding

• Other Habitat: Common Reed

• Poor Semi-Improved Grassland

• Scattered Scrub

• Scattered Trees

• Tall Ruderal Vegetation



Bare Ground

A large area of recently spread sludge was noted within the south-eastern sludge cell (Target Note 12).

Additionally, a length of recently cleared access track was present in between the northern and southern

sludge bed cells.

Dense Scrub Dense bramble scrub was noted along the river bank. The north-eastern part of the site was also dominated

by willow Salix spp. scrub. The scrub appeared to have been established for a number of years and was

about 4 m high. The ground beneath the scrub was uneven and grass species (unknown), fern (unknown

species) and nettle was recorded growing beneath the canopy. Common reed Phragmites australis was also

recorded towards the eastern edge of the scrub where it abutted the area of common reed.

Hardstanding A metal bridge crosses the River Tame, which joins Area 1 and Area 2 situated on the south-eastern

boundary (Target Note 11). The base of the bridge was constructed from concrete, and the surface colonised

with dense moss (species unknown). In addition, ephemeral species were noted including fescue Vulpia sp.,

willowherbs Epilobium spp. and storksbill Erodium sp.

Other Habitat: Common Reed

An area of common reed was situated near the eastern boundary of the site, dominating the otherwise open

area of ground. The ground beneath the reed was un-even and dry at the time of survey.

Poor Semi-Improved Grassland Poor semi-improved grassland was situated adjacent to the northern bank of the River Tame and was also

situated on the southern bank of the unnamed watercourse. These areas were vegetated with common grass

species such as false oat grass Arrhenatherum elatius and meadow grass Poa sp. with the occasional patch

of tussocky grass along River Tame corridor, which was unmanaged. Poor semi-improved grassland present

along the unnamed watercourse was short and heavily grazed by small mammals.

In addition to these areas, a section of access track in the between the sludge beds was covered in short

grass mixed with moss. This area was heavily grazed by rabbits. Species noted along this track included

red fescue Festuca rubra, springy-turf moss Rhytidiadelphus squarrosus and common mouse-ear Cerastium

fontanum. Tyre tracks along this track indicated that it had been recently used.

Scattered Scrub Scrub was scattered located on the bund on the eastern edge of this area, some scrub within this area had

recently been cut down to ground level (Target Note 13). A pile of wood chippings was situated just off the

track near the eastern boundary (Target Note 14). In addition, scattered scrub was noted throughout the

disused sludge beds, especially on the bunds. Species present included willow, elder and buddleia.



Scattered Trees Mature riparian willow trees were noted on the bank of the River Tame, on the southern boundary. These

multi-stemmed trees were approximately 18 m tall and in good condition, with the exception of one tree which

had collapsed. Furthermore, several riparian sycamore trees (Target Note 17) and one dead tree were

situated on the northern site boundary adjacent to the unnamed water course. Several of these trees where

noted to contain rot holes and woodpecker holes.

Tall Ruderal Vegetation Unmanaged tall ruderal vegetation dominated the majority of disused sludge beds; species noted included

hemlock Conium maculatum and nettle Urtica dioica. A further area of tall ruderal vegetation, with some

scattered scrub and trees was noted to the eastern and southern edges of the survey area; species included

hemlock, nettle and false oat grass.

4.4 FAUNA During the site survey 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 below.

Birds A range of common bird species were recorded on site during the field survey: blackbird Turdus merula,

goldfinch Carduelis carduelis, lesser black-backed gull Larus fuscus, long-tailed tit Aegithalos caudatus,

mallard Anas platyrhynchos, pheasant Phasianus colchicus, pied wagtail Motacilla alba and woodpigeon

Columba palumbus.

Mammals Numerous rabbit Oryctolagus cuniculus droppings and holes were recorded throughout the survey area,

including within the area of recently strimmed scrub in Area 1 (Target Note 10) and within the many bunds

between the sludge beds in Area 2. A well used mammal trails was noted entering Area 2 from the north,

although no evidence was found to indicate what species utilised this trail (Target Note 16). A dead fox

Vulpes vulpes was noted within the newly spread sludge bed.

4.5 INVASIVE PLANT SPECIES No invasive species were with Area 1 or Area 2 of the site. However, it should be noted that March is a sub-

optimal month to survey for invasive plant species.



5. DISCUSSIONS AND CONCLUSIONS

5.1 SUMMARY OF PROPOSALS Middlemarch Environmental Ltd. understands that Area 1 will be the site of the proposed anaerobic digester

and Area 2 will be subject to no site works due to its status as a proposed Local Wildlife Site.

5.2 NATURE CONSERVATION SITES Seven non-statutory sites of nature conservation interest are located within a 1 km radius of the site. The

sludge beds situated within Area 2 are also recognised as a potential Local Wildlife Site. The proposals have

been changed to avoid works within Area 2, and therefore the sludge beds will not be impacted by the

proposals.

The River Tame which bisects Area 1 and Area 2 is also a potential Local Wildlife site and runs immediately

adjacent to the proposed location of the anaerobic digester (Area 1). Due to the close proximity of the River

Tame to the works area it may be negatively impacted by the proposed works; recommendations are made

in Section 6.

The remaining non-statutory nature conservation sites are unlikely to be affected by the proposed

development due to their distance from the works and the nature of the works.

5.3 HABITATS The ecological importance of the habitats present has been assessed against their presence on the UK and

Local BAPs and on Section 41 of the NERC Act. It also takes into account the intrinsic value of the habitat

e.g. mature trees which cannot easily be replaced. Those habitats which meet any of these criteria and are

considered likely to be impacted by the proposals are highlighted as notable considerations, including

habitats in Area 1, which will be impacted by the proposed anaerobic digester summarised in Table 5.1.

Habitat type UK BAP?

Local BAP?

NERC Act?

Will habitat be impacted?

Is habitat a notable consideration?

Bare Ground - - - Yes No

Buildings - - Unknown No

Fence - - - No No

Hardstanding - - - Unknown No

Poor Semi-improved Grassland - - - Yes No

Scattered Trees - - - Potentially Yes

Scrub - - Yes No

Sludge Tanks - - - Yes No

Tall Ruderal Vegetation - - - Potentially No

Table 5.1: Summary of Ecological Importance of Habitats in Area 1



Built Environment is listed as a priority habitat on the Warwickshire, Coventry and Solihull Local Biodiversity

Action Plan (BAP) as they have the potential to support important fauna such as bats. However, the buildings

on site only had limited features for bats species and the building habitat itself is not considered as notable.

Further discussion of the faunal aspects of this habitat is presented in Section 5.4.

The remaining scattered trees on site are considered to be a valuable habitat and a notable consideration. A

number of remaining trees on site were mature and could not easily be replaced. Trees also support a

number of faunal species and this is discussed in further detail in Section 5.4. Scattered and dense scrub is

listed on the local BAP as a priority habitat. The majority of scrub vegetation on site has been recently

cleared and the remaining areas are considered to be of limited value in comparison to the large areas presnt

within the perimeter of Coleshill STW, but outside of the proposed development area. As this habitat is on

the local BAP it is still a notable consideration for the development and recommendations regarding this

habitat are included in Section 6.

The remaining habitats are not considered to be notable considerations as they are common within the local

area, are small in extent, low in ecological value or are easily replaced.

Area 2 No habitats are to be impacted within this area; therefore none of these habitats are notable considerations

and will not be considered further within this report.

5.4 PROTECTED/NOTABLE SPECIES Table 5.2 and the discussion below consider any species identified within the desk study or where potentially

suitable habitat is present within the proposed works area (Area 1 only).

Species / Species group Key habitats for these species on site

Is species likely to be present?*

Will species be impacted, if present?

Is species a notable

consideration?

Badger Grassland & Scrub Yes Yes Yes

Bats Roosting & Foraging; scrub, trees & water No No No

Birds Scrub & Trees Yes Yes Yes Great crested newt Grassland Unlikely No No

Notable plants None No No No

Reptiles Grassland Yes Yes Yes Terrestrial Invertebrates Grassland & Scrub No No No

Water Vole / Otter River Tame Potentially Yes Yes White Clawed Crayfish River Tame Potentially No No

* Likely presence dependent on availability of suitable habitat on site in conjunction with local records data.

Table 5.2: Summary of Ecological Importance of Species on Site



Badger The desk study identified no records of badgers within the 1 km search area. However, the National

Biodiversity Network indicates that badgers have been recorded within 10 km of the survey are. No evidence

of badger activity (such as setts, latrines, hairs or tracks) was recorded during the field survey. The site of the

proposed digester (Area 1) provides suitable sett building and foraging habitat for badgers and larger areas

of suitable habitat also exist within Area 2. There is therefore potential for badgers to utilise the site.

Therefore, a precautionary recommendation is made in Section 6.

Bats The desk study identified no records of bat species within the 1 km search radius. However, the National

Biodiversity Network indicates that several bat species have been recorded within 10 km of the survey area.

The buildings on site have low potential for roosting bat species and the mature trees within the proposed

site works area (Area 1) were in good condition. The riparian sycamore trees situated within Area 2

contained features suitable for use bats, however, no works are proposed within this area and these trees will

not be impacted. Therefore, roosting bats are not of notable concern with respect to site works. The habitats

on site provide suitable foraging habitat for bats, especially the areas of open water. The site of the

proposed works is currently predominantly unlit at night and any changes to the lighting regime may impact

upon bats foraging within the area. Precautionary recommendations are therefore made in Section 6.

Birds

During the field survey the scattered trees and scrub vegetation was used by a range of common bird

species. These habitats also have the potential to support nesting birds, which are protected under the

Wildlife and Countryside Act (as amended). As these habitats will possibly be affected by the proposed

works, nesting birds are a notable consideration and a recommendation is made in Section 6.

Water Vole & Otter The desk study identified no records of water vole or otter within the 1 km search area. Some suitable

aquatic habitat in the form of the River Tame was noted during the field survey. However, no evidence of

water vole activity (such as burrows) or otters (such as spraints) was recorded on site during the field survey

The client has advised that works will be undertaken within 8 m of the river bank, therefore an Otter and

Water Vole survey must be conducted to determine the utilisation of the river by these species. .

Great Crested Newt No records of great crested newts were recorded within a 1 km radius of the survey site. The National

Biodiversity Network indicates that great crested newts have been recorded within 10 km of the survey area.

There is no suitable breeding habitat (i.e. standing water) within the survey area, and reference to mapped

data indicates no suitable water bodies are present within a 500 m radius of the works area. The grass and

scrub within Area 1, and all habitats within Area 2 provide suitable terrestrial habitat for this species. Whilst

suitable terrestrial habitat is present on site, the absence of suitable breeding ponds within 500 m means it is



considered unlikely that great crested newts will utilise the area and they are therefore not a notable

consideration with respect to the proposed works.

Reptiles The Local Records Centre search of the site and surrounding area identified no reptile species records within

1 km of the site area, but NBN gateway included records of grass snake Natrix natrix within the local area.

Additionally, there are anecdotal reports of grass snake within 1 km of the proposed development area,

indicating the surrounding landscape provides suitable habitat for reptile species. The site contains suitable

reptile habitat including scrub and poor semi-improved grassland and reptiles are therefore a notable

consideration with respect to the proposed works. Recommendations have been made in Section 6.

White Clawed Crayfish The desk study identified no records of white clawed crayfish within the 1km search area. Suitable aquatic

habitat in the form of the River Tame was noted during the field survey. The client the works are unlikely to

impact upon the banks or channel of the river. Providing precautionary measures are taken to protect the

river no adverse impacts are likely on these species. Precautionary recommendations have been made in

Section 6.

Terrestrial Invertebrates The desk study identified one record of small heath butterfly Coenonympha pamphilus in 2010, 850m north-

east of the site, suggesting that the surrounding landscape provides suitable habitat for invertebrates

including the small heath butterfly. Whilst the development will result in the loss of some habitat for this

species, this represents a small fraction of the suitable habitat present within the wider landscape and it is

therefore not considered that the proposals would adversely impact upon this species. Therefore,

invertebrates are not of notable consideration with respect to proposed site works.

Notable Plants The desk study identified records of locally notable plant species within the 1km search area, which include

water speedwell Veronica anagallis-aquatica and a veteran English oak Quercus robur. No veteran trees

were noted within the survey area and therefore this is not a notable consideration.

No water speedwell was recorded on site during the survey, and no suitable habitat is present within the

works area and therefore no further recommendations are made.

5.5 INVASIVE PLANT SPECIES No records of invasive plant species were identified during the desk study. The field survey found no invasive

plant species at the site. Therefore, invasive plant species are not a notable consideration with respect to the

site proposals.

A summary of legislation relevant to the ecology of the site is included in Appendix 3.



6. RECOMMENDATIONS

6.1 NATURE CONSERVATION SITES

River Tame Potential LWS

The proposed anaerobic digester plant could potentially, directly or indirectly impact upon the River Tame

which is designated as potential Local Wildlife Site. As such, the Local Planning Authority ecologist and / or

the local Wildlife Trust should be consulted prior to any works commencing to discuss the likelihood of any

impacts on this nature conservation site. Provided that works on site are undertaken sensitively in line with

good practice guidelines, including the EA guidance on water course protection, no impacts upon the water

quality are anticipated.

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

Habitat Loss & Enhancement In accordance with the provision of Chapter 11 of the National Planning Policy Framework (Conserving and

Enhancing the Natural Environment, 2012) and Local Planning Policy the site could be enhanced post-

development through the creation of areas of scrub and native species-rich grassland subject to non-

intensive bi-annual cutting regimes.

Trees

Any trees overhanging the site boundary and located on site that will be retained must be protected in

accordance with British Standard 5837: 2012 "Trees in relation to design, demolition and construction -

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

Water Course The River Tame must be protected in accordance with guidelines detailed in Section 6.1.

6.3 PROTECTED/NOTABLE SPECIES The following recommendations are made regarding protected species that are potentially present on site:

Badger If no site works are to commence within two years the site must be re-surveyed to assess whether badgers

have re-colonised in the interim.

Bats The proposed development should avoid additional lighting of the area at night, to provide any disturbance to

foraging bats which utilise this area which includes no illumination of the river corridor. If any lighting is



required for health and safety reasons, this should be kept to a minimum, and utilise lights which are low-

level and directional

Nesting Birds To ensure compliance with the Wildlife and Countryside Act 1981 (as amended), vegetation clearance should

be undertaken outside the nesting bird season. The nesting bird season is weather dependent but generally

extends between March and September inclusive. If this is not possible then any vegetation that is to be

removed or disturbed should be checked by an experienced ecologist for nesting birds immediately prior to

works commencing. If birds are found to be nesting any works which may affect them would have to be

delayed until the young have fledged and the nest has been abandoned naturally.

Otter To ensure compliance with the Wildlife and Countryside Act 1981 (as amended), an otter survey of River

Tame should be undertaken. This survey should include up to 500m upstream and downstream of the

proposed works area. Otter surveys can be completed at any time of year.

Reptiles

To ensure compliance with the Wildlife and Countryside Act 1981 (as amended), if the site works are to be

completed before March 2013 (when reptiles are in hibernation ) all scrub should be cut back to 150 mm and

all grassland areas strimmed to 100 mm under the supervision of an experienced ecologist to facilitate

access for the topographical survey. Any existing features which may provide hibernacula for reptiles should

be removed under the supervision of an experienced ecologist. If the works are to be conducted during the

active period for reptiles (April – September), a reptile survey should be undertaken of suitable habitats within

the proposed development site. Reptile surveys can be completed in suitable weather conditions between

April and September (inclusive).

A reptile survey is currently underway as of May 2013 and is being conducted on site by Middlemarch

Environmental Ltd.

Terrestrial Mammals

Any excavations that need to be left overnight should be covered or fitted with mammal ramps to ensure that

any animals that enter can safely escape.

Water Voles To ensure compliance with the Wildlife and Countryside Act 1981 (as amended), a water vole survey of River

Tame should be undertaken. This survey should include up to 300 m upstream and downstream of the

proposed works area. Water vole surveys can be completed between March and October inclusive.



White Clawed Crayfish No works will immediately affect or disturb the banks, bed or channel of the river, therefore a White clawed

crayfish survey will not be required.

However, if any future works are to disturb the banks, bed or channel of the River Tame a White Clawed

Crayfish survey must be conducted prior to works being conducted.

6.4 INVASIVE PLANT SPECIES No invasive plant species are present on site and therefore no recommendations are made.



REFERENCES AND BIBLIOGRAPHY

British Standards Institution. (2012). British Standard 5837:2012, Trees in relation to design, demolition

and construction – recommendations. British Standards Institution, London.

Department for Communities and Local Government (2012). National Planning Policy Framework.

Available:http://www.communities.gov.uk/planningandbuilding/planningsystem/planningpolicy/planningpolicyf

ramework/.

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

Spon, An Imprint of Chapman and Hall. London.

JNCC, (2010). Handbook for Phase 1 Habitat Survey: A technique for environmental audit (reprint). Joint Nature

Conservation Committee, Peterborough.

Middlemarch Environmental ltd. (2013) Extended Phase 1 Habitat Survey (Report number RT-MME-113203)

National Biodiversity Network (2013) Available from:

http://data.nbn.org.uk/gridSquares/10kmSquareSpeciesGroups.jsp?allDs=1&map.x=75&map.y=25&mapServic

e=tenKmSelectorGBv4&minx=400000.000437779&miny=200000.000144241&maxx=500000.000166764&max

y=299999.999873227&homePageX=184&homePageY=280 (Accessed 26/03/2013).

UK Biodiversity Partnership. (no date). ‘UK Biodiversity Action Plan’. Available: http://www.ukbap.org.uk

http://www.communities.gov.uk/planningandbuilding/planningsystem/planningpolicy/planningpolicyframework/

http://www.communities.gov.uk/planningandbuilding/planningsystem/planningpolicy/planningpolicyframework/

http://data.nbn.org.uk/gridSquares/10kmSquareSpeciesGroups.jsp?allDs=1&map.x=75&map.y=25&mapService=tenKmSelectorGBv4&minx=400000.000437779&miny=200000.000144241&maxx=500000.000166764&maxy=299999.999873227&homePageX=184&homePageY=280



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



APPENDICES

APPENDIX 1: Desk Study Data

APPENDIX 2: Middlemarch Environmental Ltd Drawing C113724-01

Extended Phase 1 Habitat Survey

APPENDIX 3: Overview of Relevant Legislation



APPENDIX 1 Desk Study Data

The data contained in this appendix is confidential and cannot be reproduced.



APPENDIX 2 Middlemarch Environmental Ltd Drawing C113724-01

Extended Phase 1 Habitat Survey

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Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZT:01676 525880 F:01676 521400

E:[email protected]$

C113724-01

Project

Drawing

Client

Drawing Number

Scale @ A3

Approved By Drawn By

Date

RevisionC113724-01

1:1,600AD JS

March 201300

Severn Trent Green EnergyExtended Phase 1 Habitat Survey

Coleshill STWLegend&§ Scattered broad-leaved tree&§ Scattered coniferous tree

E Scattered scrub

!H Target note| | | | | | | Fence

Site boundary

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! ! ! Bare groundBuildingDense scrubHardstandingOther habitatPoor semi-improved grasslandStanding waterTall ruderal

This map is reproduced from the Ordance Survey material with the permission of Ordnance Survey on behalfof The Controller of Her Majesty's Stationary Office. © Crown copyright. Unauthorised reproduction infringes

Crown copyright and may lead to prosecution of civil proceedings. Licence Number: 100040519

!HSI



Target Notes: 1. Tall ruderal vegetation/scrub mosaic, both inside the perimeter fencing and on the road verge

recently strimmed.

2. Small area of scrub strimmed around lamp post

3. Scrub cut down at the top of the river bank

4. Large pile of wood chippings present on the river bank

5. Area of dense scrub has been strimmed to just above ground level

6. Trees recently cut down; stumps remain

7. Scattered patchy scrub within areas of strimmed/cut scrub

8. Ground disturbed by vehicles tyres.

9. Tall ruderal vegetation recently strimmed to ground level

10. Rabbit holes present

11. Metal bridge

12. Recently cleared area spread with fresh sludge and wood chippings

13. Recently cleared scrub noted at the edge of this area

14. Large pile of fresh wood/vegetation chippings

15. Common reed dominates bare ground

16. Mammal trail

17. Riparian sycamore with woodpecker and rot holes



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. CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2010, AS AMENDED (HABITATS REGULATIONS 2010, AS AMENDED) The Habitats Regulations 2010 consolidate and update the Conservation (Natural Habitats, &c.) Regulations 1994 and all its various amendments. The Habitats Regulations 2010 are the principal means by which the EEC Council Directive 92/43 (The Habitats Directive) as amended is transposed into English and Welsh law. The Habitats Regulations 2010 place duty upon the relevant authority of 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 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 Habitats Directive introduces for the first time for protected areas, the precautionary principle; that is that projects can only be permitted having ascertained no adverse effect on the integrity of the site. Projects may still be permitted if there are no alternatives, and there are imperative reasons of overriding public interest. The Habitats Regulations 2010 also provide for the protection of individual species of fauna and flora of European conservation concern listed in Schedules 2 and 5 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. Schedule 5 plant species are protected from unlawful destruction, uprooting or trade under the regulations. The Habitats Regulations 2010 were amended in August 2012 to ensure clearer transposition of the provisions of Articles 2, 3, 4(4) (second sentence) and Article 10 of the Wild Birds Directive, by giving additional and specific duties to relevant bodies. A number of amendments were also made to transpose more clearly certain elements of the Habitats Directive. THE WILDLIFE AND COUNTRYSIDE ACT (WCA) 1981 (AS AMENDED) The WCA, as amended, consolidates and amends pre-existing national wildlife legislation in order to implement the Bern Convention and the Birds Directive. It complements 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 lists supersede Section 74 of the CRoW Act 2000. 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 41 and 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 complementary 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 National Planning Policy Framework In early 2012, the National Planning Policy Framework (NPPF) replaced much previous planning policy guidance, including Planning Policy Statement 9: Biological and Geological Conservation. The government circular 06/05: Biodiversity and Geological Conservation - Statutory Obligations and Their Impact within the Planning System, which accompanied PPS9, still remains valid. A presumption towards sustainable development is at the heart of the NPPF. This presumption does not apply however where developments require appropriate assessment under the Birds or Habitats Directives. Chapter 11, on conserving and enhancing the natural environment, sets out how the planning system should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and, where possible, provide net gains in biodiversity. Opportunities to incorporate biodiversity gains into a development should be encouraged. If a proposed development would result in significant harm to the natural environment which cannot be avoided (through the use of an alternative site with less harmful impacts), mitigated or compensated for (as a last resort) then planning permission should be refused.

SPECIES SPECIFIC LEGISLATION

This section contains a summary of legislation with relation to the species present or potentially present in the survey area. The reader should refer to the original legislation for definitive interpretation. Great crested newt Great crested newts (GCN) and the places they use for shelter or protection receive European protection under The Conservation of Habitats and Species Regulations 2010 (Habitats Regulations 2010, as amended). They receive further legal protection under the Wildlife and Countryside Act (WCA) 1981, as amended. This protection means that GCN, and the places they use for shelter or protection, are capable of being a material consideration in the planning process. Regulation 41 of the Habitats Regulations 2010 (as amended), states that a person commits an offence if they:

• deliberately capture, injure or kill a GCN; • deliberately disturb GCNs; • deliberately take or destroy eggs of a GCN; or • damage or destroy a GCN breeding site or resting place.



Disturbance of animals includes in particular any disturbance which is likely to impair their ability to survive, to breed or reproduce, or to rear or nurture their young, or in the case of animals of a hibernating or migratory species, to hibernate or migrate; or to affect significantly the local distribution or abundance of the species to which they belong.

It is an offence under the Habitats Regulations 2010 (as amended) 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 GCN, part of a GCN or anything derived from GCN, which has been unlawfully taken from the wild. This legislation applies to all life stages of GCN. Whilst broadly similar to the above legislation, the WCA 1981 (as amended) differs in the following ways:

• Section 9(1) of the WCA 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 and Rights of Way (CRoW) Act 2000. GCN are listed as priority species on the UK Biodiversity Action Plan (BAP) and Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006. GCN are also priority species on the Warwickshire Local BAP. Badger 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. 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 wilfully 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 (NE). Nesting and nest building birds Nesting and nest building birds are protected under the Wildlife and Countryside Act WCA 1981 (as mended). 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 lists include a number of bird species.



Otter The otter benefits from world-wide protection under Appendix I of the Convention on International Trade in Endangered Species of Wild Flora and Fauna. It also receives European protection under Appendix II of the Bern Convention and Annexes II and IV of the EU Habitats Directive 94/43/EEC, which is transposed into UK Law by means of The Conservation of Habitats and Species Regulations 2010 (as amended) (Habitats Regulations 2010 (as amended)). Regulation 41 of the Habitats Regulations 2010 (as amended) states that a person commits an offence if they:

• deliberately capture, injure or kill an otter; • deliberately disturb otters; or • damage or destroy a breeding site or resting place.

Disturbance of animals includes in particular any disturbance which is likely to impair their ability to survive, to breed or reproduce, or to rear or nurture their young, or in the case of animals of a hibernating or migratory species, to hibernate or migrate; or to affect significantly the local distribution or abundance of the species to which they belong. It is an offence under the Habitats Regulations 2010 (as amended) 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 otter, part of an otter or anything derived from an otter which has been unlawfully taken from the wild. Whilst broadly similar to the above legislation, the WCA 1981 (as amended) differs in the following ways:

• Section 9(1) of the WCA 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 and Rights of Way (CRoW) Act 2000.

The Natural Environment and Rural Communities (NERC) 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. These lists supersede Section 74 of the CRoW Act 2000. The United Kingdom Biodiversity Action Plan (UK BAP) 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 UK BAP contains a list of priority habitats and species of conservation concern in the UK, and outlines biodiversity initiatives designed to enhance their conservation status. The priority habitats and species in England correlate with those listed on Section 41 of the NERC Act. Otters are listed on the UK BAP and Section 41 (England) and Section 42 (Wales) of the NERC Act 2006. Otters are also priority species on Leicestershire Local BAP. The reader should refer to the original legislation for the definitive interpretation. 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. Both these species have a limited geographical distribution and none of the habitats within the study area fulfil their specific habitat requirements. It is therefore considered that these species are unlikely to be present within the study area. Adder Vipera berus, common lizard Lacerta vivipara, slow-worm Anguis fragilis and grass snake Natrix natrix are protected under Schedule 5 of the WCA 1981 as amended from intentional killing, injuring or taking. They are also protected under Appendix III of the Bern Convention (Convention on the Conservation of European Wildlife and Natural Habitats). This protects the species from ‘exploitation (indiscriminate mass



killing, trading and any means capable of causing local disappearance or serious disturbance)’ and requires the species and their habitats be managed to keep them out of danger (Betts, 2002). 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. Water vole The Wildlife and Countryside Act 1981 (as amended) make it an offence to:

• Intentionally kill, injure or take water vole from the wild; • Possess or control live or dead water voles or derivatives; • Intentionally or recklessly damage, destroy or obstruct access to any structure or place which water voles use for shelter or protection; • Intentionally or recklessly disturb water voles whilst occupying a structure or place used for that purpose; or • Sell water voles or offer or expose for sale or transport for sale.

In England and Wales, this Act has been amended by the Countryside and Rights of Way Act 2000 (CroW), which adds an extra offence, which 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. These lists include water vole. Water voles are also listed as priority species on the UK Biodiversity Action Plan.



MIDDLEMARCH ENVIRONMENTAL LTD

QUALITY ASSURANCE



A Report to Severn Trent PLC

Contract Number: C113724

Report Number: RT-MME-113724-REV A

Revision Number: A

Description: REVISION A

Date: June 2013

Checked by:

Lucy Philpott Senior Principal Ecological Consultant

Approved by:

Dr Philip Fermor Managing Director

EXTENDED PHASE 1 HABITAT SURVEY

Documents

Transcript of EXTENDED PHASE 1 HABITAT SURVEY