Habitat Survey

This report has been prepared with all reasonable skill, care and diligence, within the terms of the contract with the Client. The report is confidential to the Client. We accept no responsibility of whatever nature to third parties to whom this report may be made known. No part of this document may be reproduced without prior written approval.

Report No: 2011(12)/VC/12

Compiled by: Val Cooper

Date: June 2011

Prepared for: Author:

Mr Ray Brown CRES Biogas Limited Orchard Farm Twemlow Lane Twemlow, Cheshire CW4 8DS

Val Cooper MSc MIEEM Moss View House Pepper Street Appleton Thorn Cheshire WA4 4SB

Date of Issue: 14th July 2011 Contact No: 07947808853

Val Cooper MSc MIEEM

mammal specialists * protected species surveys * habitat surveys * conservation projects

PROTECTED SPECIES SURVEY AND

SITE ASSESSMENT REPORT FOR

SITE AT TWEMLOW LANE

TWEMLOW

CHESHIRE

PS and site assessment report for Twemlow Lane site, Twemlow

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CONTENTS

1 EXECUTIVE SUMMARY ..................................................................................................................................... 3

1.1 BACKGROUND ............................................................................................................................................... 3

1.2 PERSONNEL................................................................................................................................................... 3

1.3 RESULTS ........................................................................................................................................................ 3

1.4 ASSESSMENT ................................................................................................................................................ 3

1.5 IMPACTS AND RECOMMENDATIONS ........................................................................................................ 4

2 INTRODUCTION .................................................................................................................................................. 6

2.1 SITE DESCRIPTION ....................................................................................................................................... 6

2.2 PROPOSED WORKS ................................................................................................................................... 10

2.3 AIMS OF STUDY........................................................................................................................................... 10

2.4 PERSONNEL................................................................................................................................................. 10

3 ECOLOGY OF PROTECTED SPECIES .......................................................................................................... 11

3.1 BATS IN BUILDINGS .................................................................................................................................... 11

3.2 BATS IN LINEAR LANDSCAPES ................................................................................................................ 12

3.3 GREAT CRESTED NEWT HABITAT REQUIREMENTS ........................................................................... 12

3.4 BARN OWLS ................................................................................................................................................. 12

3.5 RIPARIAN MAMMALS (WATER VOLES & OTTERS) ............................................................................... 13

4 METHODOLOGY ............................................................................................................................................... 14

4.1 DESK STUDY ................................................................................................................................................ 14

4.2 FIELD SURVEY ............................................................................................................................................. 14

5 RESULTS ........................................................................................................................................................... 16

5.1 DESK STUDY ................................................................................................................................................ 16

5.2 FIELD SURVEY ............................................................................................................................................. 16

6 ASSESSMENT ................................................................................................................................................... 18

6.1 CONSTRAINTS OF SURVEY ...................................................................................................................... 18

6.2 CONCLUSIONS ............................................................................................................................................ 18

6.3 POTENTIAL IMPACTS ................................................................................................................................. 19

7 RECOMMENDATIONS AND MITIGATION...................................................................................................... 20

7.1 FURTHER SURVEY ..................................................................................................................................... 20

7.2 REQUIREMENTS FOR EPS LICENSING ................................................................................................... 20

7.3 MITIGATION MEASURES ............................................................................................................................ 20

8 REFERENCES ................................................................................................................................................... 24

9 APPENDICES .................................................................................................................................................... 24


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1 EXECUTIVE SUMMARY

1.1 BACKGROUND

Val Cooper was commissioned to undertake a protected species survey and site assessment at a proposed development site at Twemlow Lane, Twemlow near Crewe in Cheshire. The site is approximately 4.8 hectares of land with 5 main structures and 2 smaller ones. There are 6 storage tanks, which are partly below and partly above ground, and all are under grass bunds with cast concrete entrance tunnels. There is a railway line to the NW side, which is open at this point with no trees or hedges along the track edge. The track runs at site level. The site is in a rural position, with agricultural fields to 3 sides and a small group of houses to the south. An inspection survey of land and buildings on the site was carried out on 31st May 2011. It was inspected for evidence of the presence of and potential for use by bats, great crested newts, water vole, barn owls and badgers. Other protected species issues, including breeding birds, were investigated. Reporting in respect of badgers is contained in a separate document, which is an addendum to this report: 2011(12)/VC/12/ADD.

1.2 PERSONNEL

Val Cooper and Dr Elizabeth Barratt undertook the inspection surveys and site assessment.

1.3 RESULTS The ground area is covered with a low growth of vegetation indicative of improved grassland. The site vegetation has been managed with the use of sheep grazing to maintain a low level on vegetation. Sheep are no longer present and the vegetation has begun to grow. There is no evidence of the development of a sward under the present vegetation. There are species of grasses such as meadow grass (Poa spp), Yorkshire fog (Holcus lanatus) and cock’s foot (Dactylis glomerata). Low growth is dominated by these and by dandelion, broad-leaved dock, red clover and spear thistle with patches of common vetch, birds’ foot trefoil, plantain, ragwort, dandelion and foxgloves. There are some taller ruderals at the site edges and a tree line at the south boundary. The round bunds containing the tanks are connected by linear bunds forming raised banks round and across the site. There is a system of channels at the lower ground level, which all show evidence of damp conditions, with soft rush (Juncus effusus) and some great hairy willowherb (Epilobium hirsutum) and some have standing water. There are some damp areas of ground close to them (not classifiable as marsh as mainly terrestrial grasses, but damp). There are ponds at 150m, 160m, 320m and 430m from the site to the NE, east and SE. Nearest to the west is 350m over the operational railway line. Great crested newts were found in a ditch on the west side of the line in 2007. The source area of Bradshaw Brook is 300m to the north. Otter are recorded at 1.5-2km south of the site on the River Dane. No signs of water vole or otter were found on the site. No signs of bats were found in any of the buildings. The structures at the SW corner of the site are all light and there is pervasive damp in many of the roof areas. None of the buildings have suitable roosting areas for bats. There were old pellets from barn owl in one building and some whitewash (barn owl faeces) down the wall. Results in respect to badgers are given in the document 2011(12)/VC/12/ADD.

1.4 ASSESSMENT The habitat on the raised, dry terrestrial areas of the site exhibit low diversity, typical of managed/improved grassland. Most of the site habitat is to be retained and management through sheep grazing is to be re-established. Four areas are to have new structures on them. Two of these are impinging slightly on damp areas. The edge habitats to the south, SW corner and east provide cover and nesting potential for birds and cover for small mammals. These are to be retained.


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The site channels and marshy areas have some potential for great crested newts, though the distance of the ponds and the lack of attractive habitat connecting to the site reduce potential for dispersal to the site. There is a record of GCN at the opposite side of the railway line (anecd. WCBG). Ponds are to the west of this and the line is a barrier, though not insurmountable, indicating movement s are more likely west from the ditch where GCN was found. The onsite channels are to be retained and managed to ensure they retain their present condition. There is a small potential impact if GCN were present on site due to the construction on the damp areas. This is short-term. Long-term impact is classes as low as loss of habitat is minimal (<0.01ha). The conclusion on present evidence is that bats do not use the buildings on site as a roosting place. The site is very open, with the south tree line being the main area that would attract bats. The buildings are close to the tree line and therefore there is some potential for impact on bats through entrapment/injury during refurbishment. There is no intention to remove any of the mature trees at the SE boundary and so connectivity and foraging areas for bats will be maintained. Barn owls have used one building as a perching site. There is no evidence of recent use. No signs of nesting birds are present in the buildings. There is nesting potential for bird species in the habitat to the east, where there is a fragmented hedge line, and south of the site. Potential for water voles is low to zero. The nearest sizeable watercourse is over 300m to the north and there are no direct watercourses liking to the site. There is a lack of water in most of the channels and the lack of clear areas of banking for burrows. The potential for otter to cross the site is very low. The Dane runs east/west at 1.5-2km to the south. That is the more likely line of commuting. There is nothing to attract otter to the north. Assessment in respect to badgers is given in the document 2011(12)/VC/12/ADD.

1.5 IMPACTS AND RECOMMENDATIONS Habitat Most of the site area will not be impacted on by the intended development. There are 4 areas to have new structures put on them and none are of intrinsic conservation value. The size of the development is small and the degree of impact during work will be relatively slight and benign. The new buildings are placed on concrete rafts and are quick to construct, minimising damage and disturbance to the environment. The total area lost to structures is between 0.2 to 0.229 hectares, less than 5% of the total area. The site has an environmental management plan to prevent impacts. To reduce any potential impact and enhance the site for wildlife further it is recommended that the following measures are taken

• Construction of concrete rafts are done in mid-summer, when ground is dry and less damage will be done to the surfaces

• Where access to construction areas has to cross vegetated areas then a single temporary route is established for vehicles, made sufficiently robust to prevent ‘spread’ from the main tracks. This will be made good after construction is complete

• Reasonable avoidance measures (RAMs – see below) are taken for the potential presence of great crested newts (GCN) on the site, including sensitive stacking of construction materials, precautionary site clearance, timing to reduce potential of GCN moving on site (late spring/ summer or winter)

• A habitat management plan is drawn up to provide detailed guidance on management of vegetation and site enhancements. It is outlined in the mitigation section of this report.

Bats

The intended development will have no impact on bat species to survive, breed or rear young, or significantly affect their local distribution or abundance. There is therefore no requirement for an EPS licence with respect to bats for the site at this time.


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Although it is concluded that there is no established roost site in the buildings the habitat close to the established buildings is good for bats. Therefore it is recommended due to constraints of survey and the possibility of bats being active close to the site that best practice measures are employed during any demolition and building work undertaken on the site. There is good foraging for bats to the north and along the SE line. If bats are found roosting at any time during refurbishment and construction, then work must stop and advice taken from a qualified bat specialist or Natural England as to how to proceed. Great crested newts There is some connectivity from ponds to the east, though the ponds have much better habitat around and to the east and south where there are other ponds and areas of rough grasses and woodland. Great crested newts are known to be using areas on the west side of the railway. The line is operational and on a level with the site. Though to a degree a barrier to dispersal, it is not insurmountable as night movements are low. Presence of GCN cannot be discounted and the 2 damp areas identified for building, which have potential as GCN habitat, present a small potential for impact in the short term if GCN are present on site. This can be addressed by reasonable avoidance measures (RAMs). It is recommended these are used in both the preparation of the site and in future site management. It is concluded that this will remove any potential for short and long-term impacts on the species. Water vole and otter There are no implications for water vole or otter. Other species There are no implications for barn owls at this time. For badgers see attached addendum

2011(12)/VC/12/ADD.


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2 INTRODUCTION 2.1 SITE DESCRIPTION

The site is at the north side of Twemlow Lane site in Twemlow, Cheshire. It is a 4.8 hectares (approximately) plot of land to the east side of an active railway line. It is an ex-MOD storage facility with open ground, several structures and 6 partially underground tanks under grass bunds. Existing site plan and habitat map are given in Appendix 1. The Ordnance Survey reference is SJ781691. Site buildings There are a number of structures on site. These are:

• Structure 1 is a series of offices, one is sealed due to presence of asbestos. Very light inside and damp, with plaster board ceiling against internal roof

• Office and store (Structure 2) was not accessible due to presence of asbestos. It is flat roofed with sealed edges

• Classroom and kitchen (Structure 3) had been used as classroom/kitchen/storage area. Flat roof with plaster board on ceiling inside. Internally this building is very light and damp in places. No crevices/cracks identified internally

• Maintenance house (Structure 4) is an open structure. Brick walls and corrugated metal roller doors. Corrugated metal pitched roof with sky lights. Internal room created at back of first section using plywood, timber but this is rotting and light. Internal dividing wall between garage area and office section is only one brick thick ~ no crevices. Access to the interior under the metal corrugated sheets

• Electricity sub-station (Structure 5). This is a brick structure in good repair with a flat concrete roof. Sealed.

• Fuel tanks and entrances (Structures 6)

• Gatehouses at weighbridge (Structures 7, 8 and 9) are 3 small brick structures with concrete roofs. The apertures have been boarded over and they are no accessible for internal inspection. There are no gaps around the edges of the roofs.

Photographs are given in Table 1 below.

Offices (Structure 1)

Office and store (Structure 2)

Classroom and kitchen (Structure 3)

Maintenance house (Structure 4)


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Substation (Structure 5)

Fuel tanks and entrances (Structures 6)

Fuel tank (internal)

Gatehouse(s)

There are also 2 brick- walled settling tanks at the SW and SE corners (Figure 1), a sunken concrete basin that contains the pipe connection points for the site next to the SW buildings (Figure 2) and a small sewage treatment plant at the north corner (Figure 3).

Figure 1: Brick walled tank at SW side Figure 2: pipe connections

Figure 3: sewage plant


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Site habitat The site habitat is described briefly below in Table 1. A habitat map and list of plant species identified are found in Appendix 1, Figure 2 and Table 1.1. The Areas described are types of habitat area across the site. Table 2: Landscape description

Description of area (areas given in Figure 2, Appendix 1)

Area A (Figure 4): Improved grassland rank growth This is characterised by terrestrial vegetation, predominantly grasses such as Yorkshire Fog and cock’s foot, with perennial rye, interspersed with some buttercup, thistle and dock. The growth is rank, generally over 500mm, but this is a season’s and there is no development of a sward beneath the top growth. The west, north and east boundary strips are this type of area. In towards the centre of the site there are patches of bird’s foot trefoil and buttercup.

Area B(Figure 5) Area B has similar species and habitat classification to A, but the growth is short, less abundant and the number of species smaller. These areas are predominantly on the verges near hard standing, over the circular and linear bunds.

Area C (Figure 6) Characterised by tall ruderal growth, with Urtica dominating particularly along the NW boundary by the railway (Figure 4) and the south boundary. Other areas in this class have a predominance of dock (at the rear of the office buildings) and rose-bay willowherb

Area D (Figure 7) The low lying areas between bunds, particularly on the NW side of the site, are damp areas with channels running along the bund base of the NW linear bund and round the round tank bunds. The grasses are still very rife, but there are large areas of Juncus effusus (soft rush) in the marshy areas (Appendix 1, Figure 1) and along the channels (Figure 7). There are some small stands of Epilobium at the channel edges.

Areas E (Figure 8) The hedge to the east is hawthorn with an occasional tree. There is a fence along this edge and it is bordered by a road, Goostrey Lane, to the east side. The under-storey at this side is mainly tall grasses, with some dock and nettle.

Areas F (Figure 9) The south edge of the site is separated from the main vegetated areas by a large apron of concrete, which is the main access road and weighbridge on the site. There is a mesh fence along the length of the tree line from the buildings in the SW corner to the main site entrance on the SE corner. The boundary line is an unbroken canopy of trees with a thin strip of vegetation between the fencing and the concrete apron. To the SE this strip widens and is dominated by a large bed of Urtica.


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Figure 4: Area A long grasses Figure 2: Area B short perennial

Figure 6: Area C Figure 7: Area D: ditch by central west bund

Figure 8: Area E: east hedge Figure 9: Area F: south boundary


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The site is on the outskirts of the village of Twemlow. The immediate area around the site is agricultural land and there is an operating railway line at the NW side. There are hedge rows with mature trees to the east and SE, which connect the site to areas of woodland, scrub and rough grassland in the east and west. There are 3 ponds in these areas at 150m, 160m and 430m from the site. There is another pond 320m to the NE.

2.2 PROPOSED WORKS

The site is to become a BIOGAS production and storage plant. The existing infrastructure is to be used and additional buildings erected to support the intended use. These structures are:

• Reception building base = 1,486.5m2

• Digestate store base = 464.5 m2

• CHPs (Both together) = 60 m2

• Gas dome = 127.2 m2

• Liquids buffer tank = 68.8 m2

• Food buffer tank = 68.8 m2

• Pasteuriser = 17.2 m2 An old ash road will be cleared of top vegetation and a temporary road installed across site during construction, with habitat reinstated post works. The total area to be lost under new structures is 0.229 hectares, which may be reduced to just over 0.2 hectares if the plan puts the pasteuriser inside another structure.

2.3 AIMS OF STUDY The surveys were conducted to find the status of the site in respect to protected species. It was to:

• establish the presence / absence of protected species on the site

• gather information to make an informed assessment as to the use of the site by protected species

• collect data to assess potential impacts on any species found on site and establish whether there may be a requirement for mitigation and compensation measures to be implemented to reduce the identified impacts of the development

• assess whether there may be a requirement for a licence for European protected species (EPSL) to be obtained to allow the development to proceed.

Species considered during survey were bats, badgers, barn owls, great crested newts, water vole and otter. All reporting in respect to badgers is in an addendum (2011(12)/VC/12/ADD) to this report and is supplied as a separate confidential document.

2.4 PERSONNEL Val Cooper is a professional consultant and bat specialist. She has a BSc in Zoology/Psychology (Joint Honours) and MSc (with distinction) in Restoration Ecology. She has been a licensed bat worker and member of the Cheshire Bat Group since 1994. She works as a Voluntary Bat Warden for Natural England and participates in the annual National Bat Monitoring Programme of the Bat Conservation Trust. She is a full member of the Institute of Ecology and Environmental Management. Dr Elizabeth Barratt is a mammal ecologist and bat specialist. She is a professional consultant with over 23 years experience in mammal conservation and survey work, specializing in bat ecology. She has been a licensed bat worker and member of the Cheshire Bat Group since 1986 and is a Voluntary Bat Warden for Natural England, participating in the annual National Bat Monitoring Programme of the Bat Conservation Trust. Dr Barratt is a full member of the Institute of Ecology and Environmental Management.


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3 ECOLOGY OF PROTECTED SPECIES

3.1 BATS IN BUILDINGS

Buildings such as houses, barns and outbuildings provide a number of safe dry places for bats to roost. Some bats may remain in one area, others may move around as conditions change. Outbuildings and barns are often used as night roosts and shelters. Potential roost sites in houses and outbuildings are: walls:

• behind cladding, external tiles or weatherboarding

• inside the cavity wall spaces

• at the top of solid walls roofs:

• tunnel under the ridge tiles

• between under-felt or boards and tiles or slates

• inside roof space at ridge ends or roof junctions

• inside roof space in gaps between timber and brickwork of chimneys

• under junctions of rafters and hip beams

• at gable end wall

• lower corners of the eaves

• between loft insulation and ceiling

• space between joist and ceiling eaves:

• between soffit and bargeboard

• behind bargeboards or fascias There are 6 different types of roost identified (A.M. Hutson 1993). These are:

• spring gatherings (transitional)

• maternity (summer) roosts

• mating roosts

• night and feeding roosts

• prehibernal roosts (transitional)

• hibernation roosts Summer roosts, found between May and August, are the most obvious. These consist almost exclusively of females, most of which give birth and raise a single young over this period. These colonies usually disperse by the autumn. Some species remain in one roost all year. Some roosts may be transitional, when small numbers are present for a limited period, usually during the spring and autumn. Night roosts are often indicated by large accumulations of insect remains and some droppings. Most species conceal themselves in crevices and are not easy to find. The presence of droppings is a key sign to their presence. Hibernating bats however leave little or no trace of their presence. Other possible signs are a characteristic odour. Also a clean or polished area at a place through which light can enter may suggest an entrance/exit hole. The commonest bats, Pipistrellus sp and Plecotus auritus (brown long-eared), are the most commonly occurring in buildings. The former use crevices, cavity walls, behind tiles and boarding as their roost spots. The latter prefer open roof areas, and their droppings are often concentrated below ridge beams, where they roost, and scattered about the loft area.

Other species found in the area are Nyctalus noctula (Noctule), Myotis brandtii (Brandt’s), Myotis mystacinus (whiskered), Myotis nattereri (Natterer’s) and Myotis daubentonii (Daubenton’s). Of these species whiskered and Natterer’s are the most likely to use buildings, but are not commonly found on such sites. It is however likely these species are all under recorded throughout Britain.


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3.2 BATS IN LINEAR LANDSCAPES

All UK bats feed on insects that are associated with trees. Their importance varies with species, season and foraging behaviour. Bats use trees, tree lines and hedgerows and other linear features to navigate at night. Loss or damage to these features affects their ability to commute safely and efficiently between roosts and feeding sites. A gap of as little as 10 metres may force bats to take different routes and even change roosting sites. Linear habitats and features such as tree lines, banks, ditches, watercourses and edges, and hedgerows are important areas for foraging and for shelter against wind or from predators. Loss of connectivity and fragmentation of these features may cause bats to abandon roost sites.

3.3 GREAT CRESTED NEWT HABITAT REQUIREMENTS

Great crested newts are amphibians requiring suitable water bodies for breeding and terrestrial habitat for foraging and hibernation. They return to their breeding ponds between March and May, leaving them after breeding, usually in June or July. Females lay their eggs on aquatic vegetation, wrapping each single egg in a fold in the vegetation. After hatching the newtlets remain in the water until the late summer (August to October) before leaving for the winter. Occasionally the larvae will overwinter in the pond. Great crested newts hibernate during the winter amongst piles of rubble, underground (in mammal tunnels) or amongst leaf litter. During warmer weather, when temperatures are generally above 4-5 degrees overnight and particularly when conditions are damp, GCN will be active and will commute along protective routes such as hedges, ditches and other features that offer cover and areas of refuge. They may also cross open areas of short grass and also areas of bare ground, which offer good foraging for invertebrates. Certain features such as railways, multi-laned roads and canals will not be crossed and are considered to be barriers to commuting and dispersal.

3.4 BARN OWLS

Barn owls are most active just after dusk and just before dawn, and as a result it is not unusual to find that people living close to an occupied site can be unaware of the birds’ presence. Contrary to popular belief barn owls are not woodland birds and do not hoot. They do however have a considerable vocabulary of calls including screeches, hisses and snoring sounds.

The ideal habitat for barn owls is rough grassland supporting a high density of small mammals. This can be in the form of linear features such as drainage ditches or woodland edge, or non-linear features such as young tree plantations or fallow pastures. Intensively grazed pasture, silage and arable fields yield little

prey and the birds are not adapted to hunt within woodland. Barn owls are often found in close proximity to humans, making use of farm buildings, dovecotes, church towers, bale stacks and a wide variety of derelict and unused buildings, as well as hollow trees and cliff sites where available. Site use falls into three main categories:

• roosting and breeding,

• roosting only

• visiting occasionally. Occupied sites are usually free from direct or unusual disturbance; that is they are undisturbed or provide opportunities for the birds to remain unseen. The idea that barn owls require a remote site without human activity is a myth; providing the birds have somewhere to hide, such as in a nest box, they can learn to tolerate regular noises. Breeding sites must have a large cavity or wide ledge as barn owls do not build a nest but require a level surface on which to lay eggs.


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Modern farm buildings are not generally suitable as breeding sites unless nest boxes are provided.

3.5 RIPARIAN MAMMALS (WATER VOLES & OTTERS)

(1) Water Voles Water voles are mammal found in association with rivers and streams, along the edges of ponds and lakes where they live in colonies in complex burrow systems. In summer they also construct nests woven of vegetation at the base of reeds and rushes, or nest in clumps of rushes or grass tussocks in wet fields and meadows. The ideal habitat for water voles includes:

• Heavily vegetated stream sides

• Slow moving water

• Sites with stable water levels, or that have higher ground they can retreat to during flood

• Sites with permanent water (water provides an escape route from most predators except mink)

• Banks of soil or clay, to burrow into. Water voles are herbivorous eating a range of 227 plant including grasses, rushes, sedges, aquatic vegetation and herbs. In autumn and winter the diet is supplemented with fruit such as black berries, roots and tubers, and tree bark. Water voles breed from March to October and may have up to 5 litters of 5-8 young per season. Only 30-40% will survive through the following winter. Through the breeding season animals are territorial, living in colonies spread along suitable stretches of water. The colony territory is divided into a series of bordering territories by breeding females, each 30-150m in length depending upon the quality of the habitat. Males establish overlapping territories 60-300m in length. In autumn/winter the territoriality breaks down and animals congregate in core area where conditions are optimal and flood risk is low. They spend most of winter underground feeding from food stores but are more vulnerable to predation or other extinction threats at this time. The population structure is that of meta-populations with a network of colonies in a similar area and animals moving between colonies, facilitating gene flow. The continued existence of a colony is dependent upon this network. Current threats to water voles include:

• Predation by the introduces American mink

• Habitat loss (degradation of riparian habitat, loss of wetland habitat etc, over grazing of waterside vegetations)

• Population fragmentation (loss of colonies causing breakdown of metapopulation structure)

• Persecution (indirect persecution through rat control operations)

• Pollution of water course

(2) Otters

The Eurasian otter is the only species of otter found in the UK. Otters are the second protected riparian mammal living on and around rivers, lakes, marshes, wet woodland, reedbeds and some coastal areas (especially in Scotland). Optimal habitat is clean water with a plentiful food supply and lots of bank-side vegetation for cover. Undisturbed mature scrub and bank side trees (oak, ash, sycamore) with root cavities provide resting opportunities or layup sites known as holts. Otters eat a diet of primarily fish especially eels and salmonids, but are opportunist feeders and will take small mammals, water birds (e.g. coots, moorhens and ducks), amphibians and crustaceans. In spring frogs form an important part of the diet.


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Otters breed all year round, though with peaks on autumn and spring. 1-3 cubs are born and remain dependent upon the female for up to 15 months. Otters are solitary animals only coming together to mate. A male (dog otter) can occupy a territory of up to 40km of waterway. This territory will overlap that of several females whose territory is much smaller. Threats to otters include

• Hunting (now banded since 1978)

• Pollution (the population crashed in the 1960s due to the use of organochloride based pesticides)

• Habitat loss (removal of bank side vegetation, loss of holt sites, wetland destruction)

• Human disturbance (inc presence of dogs)

• Drowning (otters are being caught in illegal fishing traps)

• Persecution (by owners of fisheries and anglers)

4 METHODOLOGY

4.1 DESK STUDY An aerial view and map of the area was studied to provide information on habitat on and around the site. Any ponds and watercourses in 500m were noted. A record search was requested from rECOrd, the Cheshire Biodiversity database, for all records of protected species in a 2km radius of the site. A request for any information of badger activity on the site or within a 2km radius was requested from the Wirral and Cheshire Badger group.

4.2 FIELD SURVEY 4.2.1 Habitat on site

A site walkover was carried out. Habitat areas were mapped and dominant species were recorded. Any unusual or rare species were noted.

4.2.2 Bats

Buildings and site inspection on 31st May 2011 This was undertaken by Elizabeth Barratt. This observed the following protocol:

• Checking the exterior of the building for signs of bat entry / exit points; such as staining from urine and oils or excessive scratching.

• Checking the building exterior for droppings, especially on ledges and under the potential access/egress points.

• Checking the interior of the buildings for droppings and feeding remains, any staining on beams, cleared patches of cobwebs and for the bats themselves (both hanging and in crevices).

• Noting all potential access points and roosting opportunities for bats and examining them thoroughly. Any inaccessible points noted and recorded as a constraint of the survey.

Binoculars and ladders are used as an aid in searching for high access points of entry and exit. All small, accessible crevices were examined with a powerful torch and endoscope for evidence of roosting bats.

4.2.3 Great crested newts (GCN) The marsh and ditch areas were assessed for potential to support GCN. The habitat on site was

evaluated for potential to support GCN and connectivity to any ponds in 250m was assessed.


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4.2.4 Barn owls

A search for field signs was undertaken in the building to establish presence of barn owls. Signs of barn owl are stated below.

• Droppings – Wherever the owls perch they are likely to deposit their droppings, this appears as white splashes; the quantity and freshness of the whitewash can be evaluated and can help establish the current status of owl usage of a site.

• Pellets – Barn owls swallow their prey whole and later regurgitate the indigestible parts in the form of a pellet. Barn owl pellets are composed mainly of hair and bone. Pellets often accumulate in places where the owl regularly roosts. Barn owl pellets are easily distinguishable from other species therefore they are a reliable source on which to base decisions of type of occupancy and the history of occupancy.

• Feathers - Barn owls undergo their first moult when they are approximately 11 months old, which in most cases is when they are breeding; the most noticeable feathers are the primary feathers which are normally shed between May-October in females and July–November in males. These are very easy to locate during a search and will provide good indicators on the use of the site.

• Nest debris - Barn owls do not build nests like other birds, they use a bed of old pellets in which they scrape out a hollow to lay their eggs in. Typical sites for nests in buildings will be on top of walls, normally over 3m above the ground. The sites are very noticeable with an accumulation of pellets, food remains, and whitewash.

If any of the above signs were found during the initial survey, the age, quantity, site location, and local habitat will be evaluated and a judgment of building usage will be made. If barn owls are found to be present, a follow up visit at night will be undertaken to confirm the presence and to establish the extent of usage of local habitat.

4.2.5 Riparian Mammals (Water Voles & Otters)

The following signs of water vole activity were looked for:

• Feeding stations ~ piles of feeding remains, typically sections of vegetation up to 10cm long with 45o cut.

• Latrines ~ discrete sites near burrows

• Faeces ~ 8-12mm long, torpedo shaped. Colour varies from green, brown to purple depending on primary food source

• Grazing lawns ~ found around burrows on top of bank. Often found where lactating females are present

• Burrows ~ 4-8cm in diameter near water’s edge, some open below water level, others on top of the bank.

• Footprints ~ found along the margin (can be confused with rat)

• Runways ~ link burrows to feeding stations, latrines and water’s edge

• Water voles ~ live animals The general condition and characteristic features of the water bodies is recorded and any potential refuge and foraging areas round the ponds are noted. The habitat between water bodies is inspected for connectivity.

The following signs for otters were looked for: The land area was walked over and inspected for signs of otter presence. These include:

• Faeces, known as spraints are deposited in prominent places under bridges, on tree roots or sandy banks. Has a characteristic sweet musky odour.

• Footprints in mud banks or sand bars

• Anal jelly ~often found in spraint sites

• Feeding remains

• Potential holt sites The landscape and surrounding area was assessed for potential as a commuting route for otters.


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5 RESULTS

5.1 DESK STUDY The map and aerial photograph search found 5 ponds in a 500m radius. There are 4 to the east and one to the west on the other side of the railway. The eastern ponds are at 150m, 160m, 320m and 430m. The database search found records for otter, brown hare and great crested newts in 2km.

• There are 2 records for otters 1.5km and 2km to the south on the River Dane

• Brown hare record at 500m to the SW. Information from the badger group showed a record for GCN at opposite side of railway line (Anecd. WCBG, 2011) at less than 250m from the site.

5.2 FIELD SURVEY 5.2.1 Habitat on site The site habitat is fully described in Section 2.1 and in Appendix 1.

The basic vegetation is characteristic of improved grassland. The assemblage is species poor, with grasses such as Holcus lanatus and Lolium perenne predominate. Some areas have rank growth and others are shorter, but the classification is the same. There are stands of Urtica (stinging nettle) and rosebay willow herb, particularly around the buildings and Areas to be impacted on by the construction of buildings and roads were specifically assessed. These structures are annotated in Appendix 3. Almost all structures are on areas of grassland (Area type A and B). The 2 exceptions are:

• a small area of low-lying ground (marked as Area G, Appendices 1 & 3), which will be under the new reception building

• the dome and CHP units, which are impinging slightly on the marshy area on the west side (Area H, Appendices 1 & 3). This area has a few stands of Juncus and at time of survey was damp but not wet

Figure 10: Area G Figure 11: Area H

These areas are close to channels on the site. The damp areas are not classifiable as marsh areas as the predominant vegetation is still terrestrial grasses.

5.2.2 Bats None of the buildings were suitable for bats. There were no signs of their presence and no roosting opportunities for them. None of the trees are to be removed and the site habitat is to be retained and enhanced for wildlife.


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5.2.3 Great crested newts (GCN) The site has some attractive habitat for great crested newts including

• Damp areas and channels located mainly at the west side of the site

• Hedges and tall ruderal growth at the site boundaries

• Scrub and ruderal growth area around the buildings at the SW corner The growth of grasses across the site also provides cover for commuting, although GCN generally move along distinct linear features such as channels and hedges.

GCN have been found in a ditch near Goostrey Station yard (220m to the north) on the west side in 2007.The west has less potential for dispersal onto site because of the railway line, though this is not an insurmountable barrier but it is a strong deterrent to newt movements onto site from the west. Also there are ponds to the west that are better connected to the site with the ditch and movements are more likely to be west and northwards. The other ponds to the east are relatively distant, but there is some connectivity between the site and them.

5.2.4 Barn owls

Evidence of barn owls was found in the maintenance shed.

5.2.5 Riparian Mammals (Water Voles & Otters)

No signs of water vole were found in the ditches. There is very little water in them and they are not directly connected to any off-site watercourses. No signs of otter (spraints etc) were found on the site. There is no obvious land features that would attract otter from the river to the south towards the site.

5.2.6 Nesting birds

Birds were active in hedge and tree line, shrub areas and scrub at back of buildings. No nests were found in the buildings. No obvious nesting behaviour (carrying food, nesting materials) was observed.


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6 ASSESSMENT

6.1 CONSTRAINTS OF SURVEY

Surveying for bats at a specific season of the year does not provide information of use of the site by bats at other times of the year. Whilst consideration may be given to roosting at other times, there may be no evidence for this outside the survey period.

No active bats may be present or detectable at time of survey. Small roosts and single roosting bats can easily be overlooked. They can be difficult to detect during inspection as they leave few field signs.

Two buildings could not be accessed for full inspection. They were sealed due to the presence of

asbestos. However their structure and condition were very similar to the ones that could be inspected.

6.2 CONCLUSIONS 6.2.1 Site habitat

The biodiversity value is low on the open areas, but the shrubs and trees to the SE and SW provide richer areas that are attracting birds, insects and other wildlife, such as bats and small mammals. These areas are to be retained. The area to be impacted on by new build is 0.2 to 0.229 hectares. The area lost due to clearance of ash road access around and into the centre of the site is 0.06ha. Approximately 0.02ha is a temporary road that will be restored after the installations are complete in Area H (Appendix 2). This is a minimal habitat loss of low grade habitat (improved grassland) and constitutes less than 5% of the site. The rest is to be maintained and managed as grassland.

6.2.2 Bats

On the basis of present evidence it is concluded that bats are not using the buildings on site as a roosting place. There are no areas to support a substantial roost of bats and it is very unlikely that the building will be colonised by bats. The surrounding environment is attractive for bats and the tree line to the south and east, and the shrub area around the SW buildings, which support insect populations and birds, should be retained. It is intended to enhance this area for wildlife.

6.2.3 Great crested newts

There is small potential for great crested newts to be present on site. The site has a great deal of good foraging habitat and the hedges, damp areas and ditches provide good commuting potential and some refuges. The potential is small because

• The ponds are relatively distant (greater than 100m)

• There are dispersal barriers to the east (Goostrey Lane) and west (operating railway), which, while not insurmountable, will deter movements onto the site

• The best habitat is to the south where there is scrub, woodland and rough grass close to the ponds, and which are a far more attractive area for GCN to use

It is concluded that any potential impacts may be addressed by reasonable avoidance measures during and after development.

6.2.4 Barn owls It is concluded that barn owls have used Structure 4 as a perch and feeding station, not for breeding. 6.2.5 Otters and water voles

There is no evidence these species are on site and little potential for dispersal to the site. 6.2.6 Nesting birds


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There is potential for nesting birds in the hedges, tree and scrub areas. Activity was seen, but no active nests observed.

6.3 POTENTIAL IMPACTS 6.3.1 Habitat

The habitat on the main site area is of low biodiversity value and species poor. Less than 0.3 hectares of the 4.8 hectare site is to be developed for the project. It will not constitute a significant loss. The remaining areas are to be retained and enhanced. The overall impact for wildlife in the long –term is assessed as positive.

6.3.2 Bats

Potential for any impact on bat species is very low. The areas that bats are liable to use such as the tree line, east hedge and shrub areas by the buildings are to be retained. The potential for roosting bats to be overlooked in the structures is small as the structures have poor potential, but the area around the buildings will be attractive to feeding bats. Best practice will be used when preparing the structures to minimise any possibility of harm to any bats present but undetected. There is a small possibility of entrapment if refurbishment of buildings occurs during the active season. This can be addressed by best practice measures.

It is considered that with the implementation of best practice measures these impacts will be insignificant.

Recommendations for site enhancements will increase the conservation value of the site for bat and other species.


There is small potential for GCN to be present on site. There is short-term potential for impact due to presence in the channels, on the damp areas to be developed and on site in grass areas. This can be addressed through reasonable avoidance measures (RAMs). The loss of potential habitat is insignificant and has no potential for long term impact on this species.

6.3.4 Barn owls

Barn owls have not used Structure 4 for over 6 months. Their historic presence on site indicates potential impact through:

• Possible return to the site and hence disturbance during development

• Loss of perching area in the structure. These impacts can be addressed by a predevelopment survey to establish presence/absence and the installation of a barn owl box at the SW corner of the site.

6.3.5 Otters and water voles There are no impacts foreseen for these species. 6.3.6 Nesting birds

The south and east boundaries and the scrub area by the buildings have potential for nesting birds. They are to be retained and enhanced and so there is no long-term impact. There is potential for short-term impact if development work takes place in the nesting season from March to September.


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7 RECOMMENDATIONS AND MITIGATION

7.1 FURTHER SURVEY 7.1.1 Barn owls

The proposed work on Structure S4 will be preceded by a survey to establish the current status of barn owls on site.

7.1.2 Nesting birds

If any work is to be undertaken within 10m of the south and east boundaries of the site and on the buildings in the period March to September then it will be preceded by a nesting bird survey to identify any active areas. If clear work may progress, but a watching brief must be kept during all operations within 10m of the boundary and work cease if nesting birds are found or nesting behaviour observed.

7.1.3 Other species There are no further survey requirements for other protected species identified at this time. The conclusions and recommendations in this report in respect to surveys for protected species

are based upon results from surveys in 2011. These data will only be of use for one- 4 years (depending on species potentially affected) after which further survey to establish the position and possible changes in status will be necessary to ensure all activities are informed and guided by recent data on site status.

7.2 REQUIREMENTS FOR EPS LICENSING

There is no requirement at this time to apply for a licence from Natural England Wildlife Licensing Unit for the works to proceed. In the event that any protected species are found during in any building works that are being undertaken then all work must stop, workers withdraw from the site and a licensed ecologist or Natural England contacted for advice. Discovery of any protected species on site will result of a review the licensing position.

Failure to stop work and take advice in the event of finding protected species may result in a breach of the law under the Wildlife and Countryside Act 1981 (as amended) under Section 9(4)(a), and an infringement under the Conservation (Natural Habitats & c) Regulations. This legislation is detailed in Appendix 3.

7.3 MITIGATION MEASURES 7.2.1 Site Habitat The habitat on site is largely to be retained. It is to be managed and maintained under the Environmental

Management plan drawn up for the BIOGAS operation. The habitat loss has been assessed as minimal and there is no long-term impact. There is to be a habitat

management plan (HMP) drawn up to identify the areas where the site may be enhanced and improved for wildlife and existing habitat retained intact. The plan will include:

• The retention of the mature trees and hedgerows on around and, where possible, near the site. These have potential to develop into natural roosting sites. The tree line to the south is not within the boundary but there are no known plans for its removal or alteration

• Removal of any large mature trees should only be done following an inspection for potential roost holes for bats.

• Recommendations for planting insect attracting shrubs be incorporated into the wildlife area that is to be developed at the SW corner of the site to encourage the presence of insects and thereby


21

provide suitable foraging sites for local bats which have been observed to use the site for foraging

• Areas should be managed where possible to maintain the small mammal populations and the insect population that is attracting bats. Shrub and less well-managed areas will create habitats to attract small mammals, birds and invertebrates. Areas will be set aside and stock fencing installed to allow taller growth and sward development

• Grassland management across the site will be a mixture of low density sheep grazing and a sensitive cutting regime to account for potential presence of great crested newts (see below)

• Any additional lighting around the site should be designed to point downwards and away from any potential roosting sites such as the trees.

The Habitat Management Plan (HMP) is in preparation and will aim to provide guidance for post-development site management for at least the next 10 years.

7.2.2 Bats

In respect of the constraints cited in Section 6 and the position of the site in an area where the habitat is suitable for bats and bats known to be active, it is advised that the work undertaken follows best practice measures to ensure minimal impact on bats. These are:

• If any roof areas are to be removed in the active bat season (late March to October) they will be stripped out from below to reveal the concrete outer cover. This will prevent any bats using unidentified areas under the roof from being crushed

• If applicable, deconstruction of the external wall and any interior walls will also be done using similar methods if there is any possibility of bats being present in the wall/partition structure. Any crevices that cannot be inspected must be opened carefully to expose any enclosed areas. The work must be done by hand with the hand-removal of bricks and wall coverings to prevent crushing bats.

New structures, if constructed during the active period for bats between March and November, may offer potential roosting opportunities. This may result in the bats becoming trapped in new constructions and entombed. To minimize this risk

• Any external work involving the removal and replacement of apertures will be done at a sensitive time to avoid trapping bats. The best time would be from the end of August, with all work involving the sealing of apertures done before the beginning of November (especially if it is suspected the site may be attractive to hibernating bats).

• Alternatively this work could be undertaken from March onwards to allow time for hibernating bats to wake and exit, and to be completed before the breeding period time between May and August when bats are more sensitive to disturbance.

• All crevice created in new builds, such as reveals around window apertures, should be sealed immediately they are created to prevent bats entering between the inner and outer walls

• any replacements to apertures should be done by completing the removal and replacement in a day to prevent any crevices being left open overnight.

• Alternatively apertures should be covered with plastic sheeting to deter bats from entering the structures.

Further advice on measures to prevent entrapment of bats and methods of preventing entry can be provided on request by a qualified consultant bat specialist. The site will be enhance for bats by the provision of 4 Schwegler 1FF bat boxes on trees at the SW corner behind the old offices.


The development has no potential for long-term impact on GCN. There is to be no loss of valuable GCN habitat and no impact on any ponds and no fragmentation of habitat through the removal of connective features.


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It is considered on present evidence that the following measures will mitigate for the potential short-term impacts that have been identified:

Reasonable Avoidance Measures (RAMS) It is recommended that reasonable avoidance measures (RAMs) are implemented to minimise the potential for any harm to great crested newts and other amphibians during the development. The storage of materials on the site (for example) could provide commuting amphibians with potential places for shelter/refuge. The following RAMs should therefore be implemented:

• Installation of the roads, CHP and reception buildings will be done with advice from an appointed ecologist. The areas to be cleared should be short-cut to no more than 10cm height in the mid-summer or between November and February and a hand search made before the top strip is done for the presence of any amphibians. There is no under sward in these areas and so no likely-hood of over-wintering GCN.

• Any ground clearance of the site (for installation of roads, new builds) and any drainage and services installation should be completed between March and July, when most GCN are in ponds or over winter from November to February. This will further minimize any risk of finding undetected amphibians

• Any access roads required for machinery to use should be clearly demarcated, cleared as above and all machinery must keep to the designated road provided. NO vehicles or machines will cross other areas of grassland. This is particularly important during the active period of March to November, when amphibians are moving on land (adults are in ponds March to July, but sub-adults may still be on land).

• The creation of piles of materials on the site must be avoided and any created must be removed with care to avoid injury or death to any newts present. Any areas such as stone and brick piles, wood piles and clearance of materials presently on the ground around the site must be hand-lifted with care to avoid crushing any animals that may be beneath

• To prevent creation of these piles all building materials (bricks, tiles, concrete blocks etc) etc should be delivered and stored off the ground on pallets or timber baulks, preferably on the hard-standing areas

• All loose materials should be delivered to and stored on site in bulk bags, and not be loose tipped on site

• Excavations should, wherever possible, be back-filled at the end of each working day. Where trenches are excavated for services, the trench should be excavated in the morning, the services laid and the trenches back-filled in the afternoon. Where this is not possible, the trenches should be covered over with sheet plywood and the edges sealed with topsoil to prevent amphibians falling into the trenches.

Although it is considered very unlikely that great crested newts will be found during work, if any are discovered then all work must stop and a qualified consultant, licensed for great crested newts, must be contacted and their advice followed. Failure to do so may result in an offence under the legislation detailed in Section 6.3.

7.3.4 Barn owls

The roosting place will be lost and will be replaced with the installation of a barn owl box in the SW corner at an identified quiet position. There is potential for barn owls to return to site prior to the development starting. A pre-development survey to establish presence/absence will be made. If barn owls are found in the structure during the nesting season then operations in that area must cease and be delayed until the birds have gone or the end of the main season (March to October). Outside the season exclusion procedures will be implemented AFTER the installation of the barn owl box

7.3.5 Otters and water voles There are no mitigation measures required for these species.


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7.3.6 Nesting birds The potential for nesting birds has been identified at the site. The habitat is very good for birds and there is high potential for them to be nesting in areas of vegetation in the south corner, along the east boundary and in the scrub/tree areas by the buildings in the SW corner.

All bird species and their nests are protected from destruction and disturbance in the breeding season. It

is recommended that

• any landscaping and land clearance done in these areas is carried out outside the nesting season of March to September.

• any on-site operations, especially those involving noise, dust creation, vibration, use of large plant/machinery and other disturbance must be done away (at least 30m) from these areas during the nesting season.

Site enhancements for nesting birds will include the installation of 4-6 nest boxes, for different types of passerine birds, in the SW wildlife area

7.3.7 Badgers All information on badgers in respect to this site is found in an addendum to this report: 2011(12)/VC/12/ADD.


24

8 REFERENCES

BCT (2007) Bat Surveys Good Practice Guidelines Bat Conservation Trust

English Nature (2004) Bat Mitigation Guidelines Version January 2004

English Nature (2001) Great Crested Newt Mitigation Guidelines Version August 2001

JNCC (2004) Bat Workers Manual Third Edition.

JNCC (2001) Habitat management for bats Langton, T.E.S., Beckett, C.L. and Foster, J.P. (2001) Great Crested Newt Conservation

Handbook Froglife.

9 APPENDICES

Appendix 1: Site plan and habitat map

Appendix 2: Emergence results June 2011

Appendix 3: Legislation for protected species

Addendum 2011(12)/VC/12/ADD : restricted distribution

Appendix 1: Site plan and habitat map for site at Twemlow

Figure 1: Existing site plan with habitat areas

Key: Site boundary S1-S9 on site structures annotated as S1 – S9 in reference to Structures 1- 9 in

report text

Marsh areas Bunds: tanks Bunds: linear Channels (not completely mapped) Area G: not wet, but low lying with some Epilobium and soft rush, indicating damp conditions Area H damp area with some stands of Juncus

Plan shows main features. Remaining area is predominantly grassland. This is short on the bunds and long, with ruderals, at the edges. These are described in Areas A – F, with example positions indicated above.

S2

S1

S4 S5 S3

S6

Area A: Edge grassland habitat: margins are tall grasses and a few ruderals (species below)

Area B: short grasses covering the circular bunds over the

storage tanks

Area C: trees and ruderals developed round buildings and boundaries

Area D: Marshy patches and ditches

Area F: Tree line at boundary to south

S7

S8 Area E

boundary to east

S9

Table 1.1: Species found at ex-MOD site at Twemlow

Species Common name

Area A (B4: Improved grassland: rank growth)

Dactylis glomerata cock’s foot

Poa spp meadow grass

Holcus lanatus Yorkshire fog

Vicia sativa Common vetch

Senecio jacobaea Ragwort

Taraxacum officinale Dandelion

Rubus fructicosus Bramble

Cirsium vulgare Spear thistle

Ranunculus repens Creeping buttercup

Rumex obfusifolius Broad-leaved dock

Lotus corniculatus Bird’s foot trefoil

Areas B (B4: Improved grassland: short growth)

Various (Lolium perenne etc) Short grasses: has been cut or grazed recently

Tarxacum officinale Dandelion


Vicia sativa Common vetch


Area C: Trees/scrub and grasses: (C3.1 – Urtica dominant)

Ilex aquafolium Common holly

Sambucus nigra Elder

Crataegus monogyna hawthorn


Rubus fructicosus Bramble


Chamerion angustifolium Rosebay willowherb

Area D: Marshy ground and ditches (B5)

Juncus effusus Soft rush

Epilobium hirsutum Great hairy willowherb


Cirsium vulgare Spear thistle

Various grasses

Area E: East tree line: (J2.2 Hedgerow with occasional trees – broken )

Area F: south tree line: (J2.3 Hedgerow with trees)

Appendix 2: Proposed site plan at Twemlow Lane

Digestate store

Area H: Gas dome CHPs Pasteuriser Access road (temporary)

Ash road (vegetation cleared) Buffer tanks Area G Reception and tipping shed

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Appendix 3: Protected species legislation and policy guidance

LEGISLATION AND POLICY GUIDANCE

1. Bats All British bat species are offered special protection under the following legislation:

• The Wildlife and Countryside Act 1981 (as amended) Schedule 5, Section 9. This Act transposes into UK law the Convention on the Conservation of European Wildlife and Natural Habitats (commonly referred to as the “Bern Convention”. The WCA was recently amended by the Countryside and Rights of Way [CroW] Act 2000. This makes it is an offence to:

o Intentionally kill, injure or take any species of bat [Section 9(1)] o Possess or control any live or dead specimens or anything derived from a bat [Section 9(2)] o Intentionally or recklessly damage, destroy or obstruct access to any structure or place used

for shelter or protection by a bat [Section 9(4)(a)] o Intentionally or recklessly disturb a bat while it is occupying a place or structure which it uses

for that purpose [Section 9(4)(b)]

• The Conservation (Natural Habitats &c) Regulations 1994 (The Habitats Directive) transposes into UK law Council Directive 92/43/eec of 21st May 1992 on the Conservation of Natural Habitats of Wild Fauna and Flora (referred to as the Habitats [and Species] Directive). Bats are listed on Annex II and Annex IV of the Directive. Inclusion in Annex II serves to underline their (the bats’) conservation significance; inclusion in Annex IV (European Protected Species) means that member states are required to put into place a system of strict protection as outlined in Article 12. This is done through inclusion in Schedule 2 of the Regulations. Regulation 39 makes it an offence to:

o deliberately capture or kill a bat [Regulation 39 (1)(a)] o deliberately disturb a bat [Regulation 39(1)(b)]

o deliberately damage or destroy a breeding site or resting place of a bat [Regulation 39(1)(d)].

2. Barn owls Tyto alba, are protected under the Wildlife and Countryside Act 1981, in which they are classified as a schedule one species, under this special protection it is an offence to:

o Kill, injure, or take (handle) any wild barn owl. o Take, damage or destroy any wild barn owl nest whilst in use or being built (Barn owls do not

build a nest but make a scrape). o Take or destroy a wild barn owl egg. o Have in one’s possession a wild barn owl (dead or alive), or egg, unless one can show it was

obtained legally. o Disturb any wild barn owl whilst “building” a nest or whilst in or near a nest containing eggs or

young. o Disturb any dependant young of wild barn owls.

3. Great crested newts Triturus cristatus (Great crested newts) are offered special protection under the following legislation:


o intentionally kill, injure or take a great-crested newt [Section 9(1)] o possess or control any live or dead specimens or anything derived from a great-crested newt

[Section 9(2)] o intentionally or recklessly damage, destroy or obstruct access to any structure or place used for

shelter or protection by a great-crested newt [Section 9(4)(a)] o intentionally or recklessly disturb a great-crested newt while it is occupying a place or structure

which it uses for that purpose [Section 9(4)(b)].

• The Conservation (Natural Habitats &c) Regulations 1994 (The Habitats Directive) transposes into UK law Council Directive 92/43/eec of 21st May 1992 on the Conservation of Natural Habitats of Wild Fauna and Flora (referred to as the Habitats [and Species] Directive). The great-crested newt is listed on Annex II and Annex IV of the Directive. Inclusion in Annex II serves to underline the animal’s conservation significance; inclusion in Annex IV (European Protected Species) means that member states are required to put into place a system of strict protection as outlined in Article 12. This is done through inclusion in Schedule 2 of the Regulations. Regulation 39 makes it an offence to: o deliberately capture or kill a great crested newt [Regulation 39 (1)(a)] o deliberately disturb a great crested newt [Regulation 39(1)(b)] o deliberately take or destroy the eggs of a great crested newt [Regulation 39(1)(c)] o deliberately damage or destroy a breeding site or resting place of a great crested newt [Regulation

39(1)(d)]. This legislation applies to all life stages of great crested newts.

4. Otters

Otters are offered special protection under the following legislation:


• damage or destroy any structure or place which any wild animal on Schedule 5 uses for shelter or protection;

• disturbs any such animal while it is occupying a structure or place which it uses for shelter or protection; or

• obstruct access to any structure or place which any such animal uses for shelter or protection. The Conservation (Natural Habitats &c) Regulations 1994 (The Habitats Directive) transposes into UK law Council Directive 92/43/eec of 21st May 1992 on the Conservation of Natural Habitats of Wild Fauna and Flora (referred to as the Habitats [and Species] Directive). Regulation 41 states a person is guilty of an offence if he or she:

• (a)deliberately captures, injures or kills any wild animal of a European protected species,

• (b)deliberately disturbs wild animals of any such species,

• (c)deliberately takes or destroys the eggs of such an animal, or

• (d)damages or destroys a breeding site or resting place of such an animal,

• (2) For the purposes of paragraph (1)(b), 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 a 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

5. Water Voles Water voles are fully protected by the provisions of section 9 of the Wildlife & Countryside Act (1981) as amended. Full legal protection under the Act makes it an offence to: Intentionally kill, injure or take water voles.

• Possess or control live or dead water voles or derivatives.

• Intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection.

• Intentionally or recklessly disturb water voles whilst occupying a structure or place used for that purpose.

• Sell water voles or offer or expose for sale or transport for sale.

• Publish or cause to be published any advertisement which conveys the buying or selling of water voles. The Act provides a defence against the above where the action is the incidental result of an otherwise lawful operation and could not reasonably have been avoided (s.10(3)(c)). There are no provisions for licensing the intentional destruction of water vole burrows for development or maintenance operations

Exceptions for licensing

There are several exceptions to the provisions listed above under Regulation 44(2)(e). The Wildlife Licensing Unit of Natural England issues licences for a number of purposes, including “preserving public health or safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment . Licences permit unlawful activities under and in accordance with the terms of a licence granted by the appropriate authority.

Regulations 39 does not apply to anything done (under appropriate licence) for any of the following purposes

o scientific or educational purposes; o ringing or marking, or examining any ring or mark on, wild animals; o conserving wild animals or wild plants or introducing them to particular areas; o protecting any zoological or botanical collection; o preserving public health or public safety or other imperative reasons of overriding public interest

including those of a social or economic nature and beneficial consequences of primary importance for the environment;

o preventing the spread of disease; or o preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber

or any other form of property or to fisheries.

The appropriate authority shall not grant a licence under this regulation unless they are satisfied-

(a) that there is no satisfactory alternative, and

(b) that the action authorised will not be detrimental to the maintenance of the population of the species

concerned at a favourable conservation status in their natural range.

6. Nesting birds Wildlife legislation through the Wildlife & Countryside Act 1981 states it is an offence to

• 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 an egg of any wild bird The Wildlife & Countryside Act 1981 has several subsequent amendments the most important being the Countryside and Rights of Way Act 2000 (CROW) which under Schedule 12 of the Act strengthens the legal protection for threatened species. It also makes certain offences 'arrestable' and importantly and significantly creates a new offence of reckless disturbance. It also confers greater powers to police and wildlife inspectors for entering premises and obtaining wildlife tissue samples for DNA analysis, and also enables heavier penalties on conviction of wildlife offences. Schedule 12 amendment state: ‘...In section 1(5) of the 1981 Act (offence of intentional disturbance of wild birds) after "intentionally" there is inserted "or recklessly".

Habitat Survey

Documents

Transcript of Habitat Survey