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Urlay View SUDS Area

Great Crested Newt Survey Report
June 2012

Draft Report No.1

Report Prepared For: Taylor Wimpey UK Limited Project Ref: ECN/11/039 Prepared By: M.Wilkinson MIEEM Reviewed By: M.Baines MIEEM Approved By: P.Salmon Date: 06/07/2012

Urlay View SUDS Area - Great Crested Newt Surveys

Document Control
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Draft 1

Date
06/07/2012

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Field Investigations and Data Where field investigations have been carried out these have been restricted to a level of detail required to achieve the stated objectives of the work. Where any data supplied by the client or from other sources have been used it has been assumed that the information is correct. No responsibility can be accepted by EcoNorth Ltd for inaccuracies in the data supplied by any other party. Copyright The contents and layout of this report are subject to copyright owned by EcoNorth Ltd. ( EcoNorth Ltd. 2012). Third Party Disclaimer Any disclosure of this report to a third party is subject to this disclaimer. The report was prepared by EcoNorth Ltd at the instruction of, and for use by, our client named on the front of the report. It does not in any way constitute advice to any third party who is able to access it by any means. No other warranty, expressed or implied is made as to the professional advice included in this report.

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Urlay View SUDS Area - Great Crested Newt Surveys

Urlay View SUDS Area - Great Crested Newt Surveys

Non-Technical Summary
A survey programme to determine the status of great crested newt Triturus cristatus was undertaken in relation to land at Urlay Nook, Egglescliffe, Cleveland ahead of proposals to provide Sustainable Urban Drainage Systems (SUDS) on the land. It has been identified that the site boundary is consistent with that of Ellifs Mill Local Wildlife Site (LWS); a non-statutory designation afforded policy protection through the National Planning Policy Framework (NPPF). The site is afforded this designation due to the presence of a known population of great crested newts (GCNs). Although waterbodies on site are somewhat limited in providing opportunity for GCN breeding, a number of other waterbodies are present within 500m of the site. The site itself contains a number of wet areas consisting of small scrapes and depressions (limited in number and usually no larger than 1m2). A cluster of small ponds have been created within the woodland within 20m to the east of the site, with another similar cluster of ponds located within an open area behind the allotments approximately 80-100m to the east of the site. A small-medium pond is present on the opposite side of the Nelly Burdons Beck (which bounds the site to the south) approximately 120m to the southeast of the site. The woodland, scrub and grasslands present on site provide good terrestrial habitat which is required by GCNs outside of the breeding season. Great crested newt presence was confirmed on site, so a total of six surveys were conducted to establish a population estimate. A single juvenile great crested newt was found within the site boundary. Small numbers of great crested newt were found in the two clusters of ponds off-site to the east of the site. No great crested newts were found in the pond on the opposite side of the Nelly Burdons Beck. Presence of great crested newt eggs within the clusters of ponds confirmed that this species is breeding within the locality. Due to the small distances between each of the pond clusters and the presence of contiguous optimal terrestrial habitat across a wider area (both on- and off-site) it should be considered that an interchange of animals occurs between the waterbodies and a single population exists. For this site this peak count was three (4th May) conforming to a small population (Natural England, 2001). There are clear issues relating to proposed development on the Ellifs Mill site with respect to the confirmed presence of a small population of European protected species. However, if carefully designed and sensitively executed the nature of the proposed development (SUDS features) provides certain opportunities for improving the area for great crested newts, thus enhancing the LWS. The presence of GCNs will need to be fully accounted for during any development on site. It should be noted that it is highly likely that in this case a Natural England European Protected Species Mitigation licence will be required with the alternative being to carry out work under a non-licensable method statement. A final decision will have to be made in the light of detailed development plans.

Urlay View SUDS Area - Great Crested Newt Surveys

Urlay View SUDS Area - Great Crested Newt Surveys

Contents
1. 2. 3. 4. 4.1 4.2 4.3 5. 5.1 5.2 5.3 6. 6.1 7. 8. Introduction .................................................................................................................5 Great Crested Newt Ecology....................................................................................7 Protective Legislation .................................................................................................7 Methods .......................................................................................................................8 Desk Study....................................................................................................................8 Initial Site Visit ...............................................................................................................8 Surveys ..........................................................................................................................8 Results .........................................................................................................................10 Desk Study..................................................................................................................10 Initial Site Visit and Identification of Suitable Waterbodies.................................10 Surveys ........................................................................................................................13 Interpretation and Conclusions ..............................................................................15 Great Crested Newts................................................................................................15 Recommendations ...................................................................................................17 References.................................................................................................................19

Appendix B Additional Photographs.....................................................................................21

Urlay View SUDS Area - Great Crested Newt Surveys

Urlay View SUDS Area - Great Crested Newt Surveys

1.
1.1

Introduction
Background

EcoNorth Ltd was commissioned by Taylor Wimpey UK Limited to undertake surveys for great crested newt Triturus cristatus in relation to land at Urlay Nook, Egglescliffe, Cleveland (central grid reference: NZ 4079 1410) ahead of proposals to provide Sustainable Urban Drainage Systems1 (SUDS) on the land. Great crested newts are amphibians and spend much of the year in terrestrial habitats but travel to water bodies in the spring to breed. Great crested newts have been known to travel for up to 1.3km from breeding ponds, although this is exceptional and they are most likely to be found within 250m of a pond (Amphibian and Reptile Conservation, 2011).

1.2

Ellifs Mill Local Wildlife Site

Following a previous ecology study for a nearby site (EcoNorth, 2011) it was identified that the proposed development sites boundary is consistent with the boundary for Ellifs Mill Local Wildlife Site (see Appendix A). Such sites are non-statutory conservation sites and were previously called Sites of Nature Conservation Importance (SNCI) in the Tees Valley. Whilst details of the designation have proved difficult to obtain, discussion with Tees Valley Wildlife Trust (Jeremy Garside pers. com.) confirms that the site has been designated for its population of great crested newts. Local Sites do not have legal protection but have policy protection through Paragraph 113 of the National Planning Policy Framework (DCLG, 2012) which states: Local planning authorities should set criteria based policies against which proposals for any development on or affecting protected wildlife or geodiversity sites or landscape areas will be judged. Distinctions should be made between the hierarchy of international, national and locally designated sites, so that protection is commensurate with their status and gives appropriate weight to their importance and the contribution that they make to wider ecological networks. The Tees Valley Biodiversity Partnership has, until recently2, produced lists of Local Wildlife Sites for each Local Authority for inclusion in its Local Development Plan.

1 Sustainable Urban Drainage Systems are a sequence of water management practices and facilities designed to drain surface water in a manner that will provide a more sustainable approach than what has been the conventional practice of routing run-off through a pipe to a watercourse.

Although not confirmed, such work is likely now to be undertaken by the newly formed Local Nature Partnership which builds on the Tees Valley Biodiversity Partnership.

Urlay View SUDS Area - Great Crested Newt Surveys

1.3

Site Description

Figure 1.1 shows the location of the site. The site comprises of a mixture of grassland, scrub and woodland habitats on land sloping down to Nelly Burdons Beck. The site includes some areas of wet habitats such as scrapes, which could be used by Great Crested Newts Triturus cristatus which are known to be present in the locality, and the site has suitable terrestrial habitat for this species.

Contains Ordnance Survey data Crown copyright and database rights 2012.

Figure 1.1: Site Location (indicative site boundary outlined in red) Within the site are a number of small waterbodies which are, in theory, suitable as great crested newt breeding ponds. Further information regarding the habitats and species present on-site can be found in the recent extended Phase 1 habitat survey for the site (EcoNorth, 2012).

1.4

Aims of the Study

Urlay View SUDS Area - Great Crested Newt Surveys

This study aims to identify the potential use of ponds within 500m of the proposed development site by great crested newts for breeding and to determine the size of any great crested newt population present. The potential for newts to be adversely affected by outline development proposals is also presented in outline and the risk of breaches of protective legislation are assessed along with recommendations for progressing any development plans on the site.

2.

Great Crested Newt Ecology

Great crested newts breed in water but spend the majority of the year in terrestrial habitats which are used for dispersal between breeding sites, feeding and hibernation. Great crested newts are most likely to be found on land up to 500m from breeding ponds (Baker et al, 2011); they require areas of dense vegetation to provide shelter and also use materials such as logs and rock piles as refuges. The habitats used by great crested newts are varied and include woodland and scrub, grassland and areas of waste ground. A mosaic of both terrestrial and aquatic habitats are important to support a healthy breeding population. Migration to breeding ponds can start in frost free days as early as January but most migration (which is nocturnal) occurs in March. Peak courtship and egg laying takes place from mid-March to mid-May. Adult newts leave the pond from late May onwards. Populations of great crested newts often use clusters of ponds and may move between each pond this is beneficial for the population if one pond becomes unsuitable (eg dries out or becomes polluted). Small, isolated ponds may be used by great crested newts but the population using them may not be viable in the long term.

3.

Protective Legislation

Great crested newts receive protection in the UK under the Wildlife and Countryside Act 1981 (as amended), through inclusion in Schedule 5. They are also included within Schedule 2 of the Conservation of Habitats and Species Regulations 2010 which defines European protected species. The combined legislation makes it illegal to: intentionally or deliberately kill, injure or capture any great crested newt; intentionally, deliberately or recklessly disturb a great crested newt; damage, destroy or obstruct access to any structure or place used for shelter, protection (resting) or breeding by a great crested newt; and possess or control any live or dead specimen or anything derived from a great crested newt. In addition, the great crested newt is a Priority Species within the UK Biodiversity Action Plan (BAP) (Anon. 1995) with a Species Action Plan (SAP) aimed at maintaining the existing range and population status, as well as increasing the number of populations through recolonisation. The Tees Valley Biodiversity Action Plan contains a SAP for great crested newts. The reader should refer to the original legislation for the definitive interpretation.

Urlay View SUDS Area - Great Crested Newt Surveys

4.
4.1

Methods
Desk Study

No specific records search was conducted for the Urlay View SUDS area site, but species records were obtained for within 2km of the adjacent Urlay View site in September 2011 from the Environmental Records Information Centre (ERIC) for the North East, and this is reported under a separate cover (EcoNorth, 2011). Additionally, 1:10,000 Ordnance Survey maps and aerial photographs were examined to identify any other ponds within 500m of the site which may be used by great crested newts. This search reflects the potential for great crested newt to utilise terrestrial habitat up to 500m from their breeding ponds (Langton et al., 2001).

4.2

Initial Site Visit

An initial site visit was undertaken by Mark Wilkinson MIEEM on 3rd May 2012 to confirm the presence of, and accurately locate, any waterbodies within 500m of the site suitable for great crested newt breeding. Additional observations were made to assess the quality of terrestrial habitat and its connectivity between any of off-site waterbodies and the proposed development site. This is to provide an estimate of how likely great crested newts are to be using the development site for resting foraging or hibernation outside the newt breeding season; if the connecting habitat is not considered of good quality, or is not continuous, newts are unlikely to move into the development site.

4.3

Surveys

The survey methods conformed to those set out in the Great Crested Newt Mitigation Guidelines (English Nature, 2001). As per the guidance, where great crested newts were identified using the ponds (or cluster of ponds) six surveys were undertaken between midMarch and mid-June to establish the population size present. Three of these surveys were in the core mid-April to mid-May period. A great crested newt survey licence holder was present at each survey, these being either Mark Wilkinson (Licence no: CLS00693); Naomi Waite (Licence no: CLS00634), Kara Jackson (Licence no: CLS00647); or Duncan Hutt (Licence no: CLS01160). A survey assistant competent in amphibian identification was also present on each survey. Surveys comprised of netting, torching and egg searches for all but the initial survey where bottle trapping was undertaken in preference to netting.

4.3.1 Bottle Trapping

The initial survey included bottle trapping where a number of traps were set within each of the small waterbodies in the evening and the traps checked before 09:00 the next morning.

Urlay View SUDS Area - Great Crested Newt Surveys

4.3.2 Torching
The ponds were slowly searched by torchlight (using Clulite CB2 1million candlepower torches) each evening once darkness had set and results were noted.

4.3.3 Netting
All ponds were netted using a fine mesh dip-net every evening when adult newts are more likely to be using open water.

4.3.4 Egg Searching

Great crested newts lay eggs singularly on a leaf (or other pliable materials) and fold the leaf over the egg to protect it. Submerged and marginal vegetation was systematically searched on each survey to detect folded leaves. Where a folded leaf was found it was carefully opened to identify the presence and species of newt egg. Details of each survey are set out in Table 5.1. Table 5.1: Survey personnel and weather conditions
Survey No
1 2 3 4 5 6

Survey Date
04/05/12 08/05/12 16/05/12 22/05/12 25/05/12 28/05/12

Survey Techniques
Torching, egg searches and bottle trapping.

Licence Holder

Weather / Temperature
Dry, calm and overcast Min temp: 8oc Dry, calm, clear Min temp: 8oc Dry, light breeze, clear Min temp: 6oc Dry, calm and overcast Min temp: 13 oc Dry, calm, clear Min temp: 14 oc Dry, calm, clear Min temp: 16oc

M. Wilkinson K. Jackson N. Waite

Torching, egg searches and netting.

K. Jackson D. Hutt K. Jackson

Note: The date refers to the day of torching, netting and egg searching. Inspections of bottle traps were carried out the following morning.

4.3.5 Survey Constraints

Bottle trapping was only undertaken during the first survey, with this method being replaced by netting on the subsequent 5 surveys. Several of the ponds were found to be lined, and although it was possible to install bottle traps during the first survey, surveyors were wary of puncturing the pond liners. Also, the ponds were generally very shallow, with water levels dropping further during warm and dry periods, with some of the small ponds drying up

Urlay View SUDS Area - Great Crested Newt Surveys

completely during the survey period. As such, netting was deemed to be a more appropriate and consistent survey technique given the conditions. The small nature of the ponds made them especially susceptible to drying out and most of the ponds were completely dry during the last survey (28/05/12).

5.
5.1

Results
Desk Study

Results of the record search for the adjacent Urlay View site is fully reported under a separate cover (EcoNorth, 2011). Records of various protected species have been recorded within 2km of the site, notably including otter, badger, several species of bat, and great crested newts. A large population of great crests newts are known to be present at the Elementis Nature Reserve located within 1km to the north of the site. Several waterbodies have been identified within 500m of the site. These include a number of wet areas on site consisting of small scrapes and depressions, clusters of small ponds located in woodland behind the allotments to the east of the site, a small-medium pond located on the opposite bank of the Nelly Burdons Beck approximately 120m to the south east of the site, and a large fisheries pond located approximately 250m to the west.

5.2

Initial Site Visit and Identification of Suitable Waterbodies

A number of waterbodies were identified for survey following a review of desk study data and initial site visit. These were all accurately located using GPS and are described below and shown on Figure 5.1. Due to the distinct grouping of many of the ponds, clusters are described rather than individual ponds where appropriate. It should also be noted that no surveys were undertaken at the fisheries pond to the west of the site due to a lack of access permission. This pond, however, is stocked with course fish and appeared to have very limited aquatic vegetation and poor water quality; likely precluding it from use as a breeding pond by great crested newts. Ellifs Mill Cluster A number of small man-made scrapes (limited in number and usually no larger than 1m2), wet depressions and short and narrow channels were identified within a wider area of damp grassland within the Local Wildlife Site itself. These are relatively limited in species diversity, including hard rush Juncus inflexus, silverweed Potentilla anserina, sedges Carex spp. and creeping buttercup Ranunculus repens.

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Urlay View SUDS Area - Great Crested Newt Surveys

Photograph 1: Ellifs Mill Cluster: Small wet scrape

Photograph 2: Ellifs Mill Cluster: Wet area with hard rush

Woodland Cluster (Off-site) Seven small ponds are located within the broad-leaved plantation woodland within 20m of the eastern boundary of the Ellifs Mill site. The ponds varied in size from 6m2 to 12m2. Many of the ponds dried during the survey programme with others retaining small (<5cm deep) amounts of standing water. The main aquatic vegetation present included yellow flag Iris Pseudocorous, brooklime Veronica beccabunga, water mint Mentha aquatic, lesser reedmace Typha angustifolia, and marsh marigold Caltha palustris.
Photograph 3: Woodland Cluster: Small pond with open water and yellow flag Iris Photograph 4: Woodland Cluster: Small pond dominated by brooklime, with marsh marigold

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Urlay View SUDS Area - Great Crested Newt Surveys

South of Allotment Cluster (Off-Site) An artificial cluster of eight regularly shaped pondlets are present in an area of rough grassland approximately 80-100m from the Ellifs Mill site. All of the pondlets are small ranging from <1m2 to 3m2. Most of the pondlets dried during the survey whilst the deepest retained 30cm of standing water. The majority of ponds had very limited aquatic vegetation cover, but the occasional pond had dense vegetation such as water soldier Stratiotes aloides and duckweed Lemna sp. on the surface.
Photograph 5: South of Allotment Cluster: Small, well vegetated pond with water soldier Photograph 6: South of Allotment Cluster: Small, less vegetated pond

Pond South of Nelly Burdens Beck (Off-Site) A single pond was identified across the Nelly Burdens Beck from the Ellifs Mill site. Whilst the flowing water of the beck is likely to be a constraint to great crested newt movements (and thus use of the site) it was included within the survey programme for completeness. The pond is approximately 8x10m with turbid water and approximately 20% vegetation coverage comprising mainly yellow flag Iris.

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Urlay View SUDS Area - Great Crested Newt Surveys

Photograph 7: Pond adjacent to Nelly Burdens Beck: Turbid water and limited aquatic vegetation.

5.3

Surveys

5.3.1 Newts
Table 5.1 sets out the numbers of newts (all species) found during the survey programme with summary peak counts of all species presented in Table 5.2. It should be noted that due to the large numbers of small ponds surveyed the results are recorded as per the distinct clusters identified in Section 5.2.2. Table 5.1 Newt Results
Date Ellifs Mill Cluster GCN Torch Bottle Trapping Eggs 1Ju 0 Sm 0 0 Pa 0 0 Al 0 0 Woodland Cluster GCN 0 0 Sm 3M 5F 2M 1F Pa 0 0 Al 2M 1F 0 Allotments Cluster GCN 1M 2F 0 Sm 2M 6Un 0 Pa 0 0 Al 0 0 Pond South of Nelly Burdens Beck GCN 0 0 Sm 0 0 Pa 0 0 Al 0 0

Method

04/05/12

No

No

No

No

Yes

Yes Small unknown newt eggs 3M 3F 1M 2F No 1M 1F 0 1F No 0 0 3M 1Un 0 No 0 1M

Yes

Yes Small unknown newt eggs 1M 1Ju 2M 1F No 1Un 4M 0 0 No 0 0 0 1M No 0 1F

No

No

No

No

Torch 08/05/12 Netting Eggs 16/05/12 Torch Netting

0 0 No 0 0

0 1F No 0 0

0 0 No 0 0

0 0 No 0 0

2F 0 No 1M 1F 0

0 0 No 0 0

0 0 No 0 0

0 0 No 0 0

0 0 No 0 0

0 0 No 0 0

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Urlay View SUDS Area - Great Crested Newt Surveys

Date

Method

Ellifs Mill Cluster GCN Sm No 0 0 No 0 Pa No 0 0 No 0 Al No 0 0 No 0

Woodland Cluster GCN No 0 0 No 1M 1F 0 Yes Sm No 2M 3F 2M 2F No 3M 3F 8F Pa No 0 0 No 0 Al No 4M 0 No 1M 3F 4M 2F No 2M 0 No

Allotments Cluster GCN No 0 1F No 0 Sm 2F No 1F 1M 5F No 2M 2F 3M 10F No 3F 1M 6F No Pa No 0 0 No 0 Al 1Un No 1M 2F 4M 2F No 4F 11 M 5F Yes 1M 1F 1M 2F No

Pond South of Nelly Burdens Beck GCN No 0 0 No 0 Sm No 0 0 No 0 Pa No 0 0 No 0 Al No 0 0 No 0

Eggs Torch 22/05/12 Netting Eggs Torch

No 0 0 No 0

25/05/12

Netting

1M

1F

1M

Eggs Torch 28/05/12 Netting Eggs

No 0 0 No

No 0 0 No

No 0 0 No

No 0 0 No

No 1M 4F 0 No

No 0 0 No

Yes 1F 0 No

No 0 0 No

No 0 0 No

No 1M 0 No

No 0 0 No

No 0 0 No

0 0 No

GCN = Great crested newt; Sm = Smooth Newt; Pa = Palmate newt; Al = Alpine newt M = male; F = female; Ju = juvenile Un=Unknown

Table 5.2 Newt Species Peak Counts

Pond Ellifs Mill Cluster Woodland Cluster Allotments Cluster Pond South of Nelly Burdens Beck Great Crested Newt 1 2 3 0 Smooth Newt 0 11 13 1 Palmate Newt 0 0 0 0 Alpine Newt 0 6 16 1

Small numbers of great crested newts were found in all pond clusters but not in the pond across the Nelly Burdens Beck. As well as adult newts one juvenile newt was identified on the proposed development site and eggs (which confirm the status as breeding ponds) were identified in the ponds within the woodland and allotment clusters off site. Two other species of newt were identified within the surveyed ponds: Smooth newt Lissotriton vulgaris This native species of newt is widely distributed across the Tees Valley (Durkin, 2008). In the UK, the smooth newt is protected under Schedule 5 of the Wildlife and Countryside Act (1981) with respect to sale only. Alpine Newt Ichthyosaura alpestris This is a non-native species originating in central and southern Europe. It is believed that the species was deliberately introduced in to
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Urlay View SUDS Area - Great Crested Newt Surveys

the UK with most colonies located in southern England. It is not thought to currently pose a threat to our native herpetofauna. There is known to be an established population of this species at the nearby Elementis Nature Reserve (John Durkin, County Reptile Recorder pers. com.).

5.3.2 Other Species

Table 5.3 identifies a number of other species identified as utilising the ponds during the survey programme. It should be noted that fish were confirmed as being present the pond across Nelly Burdens Beck from the proposed development site only. Great crested newt larvae are extremely vulnerable to predation by fish and they may avoid breeding in ponds where some fish species are present and rely on the presence of nearby fish-free ponds to maintain the population (Wright, 2010). Small numbers of common toad Bufo bufo and common frog Rana temporaria were present across the network of ponds surveyed. Table 5.3 Other species recorded during surveys
Species Toads Frogs Tadpoles Fish Other
Ellifs Mill Cluster Woodland Cluster Allotments Cluster Pond S of Nelly Burdens Beck

Nil observed Some Present Nil observed Tawny owl calling nearby

Few Few Present Nil observed

Few Few Present Nil observed

Few Few Nil observed Present

6.
6.1

Interpretation and Conclusions

Great Crested Newts

The Tees Valley BAP and the Amphibian Atlas of North East England (Durkin, 2008) identifies that great crested newts are widely distributed across most of the Tees Valley with most of this population small and fragmented. However, it is noted that healthy populations exist around Eaglescliffe and there is known to be a large population of great crested newts at Elementis Wildlife Reserve LWS located approximately 500m to the north of the Ellifs Mill site. The surveys confirmed the presence of adult and juvenile great crested newts (as well as eggs) in the local pond network. It should be noted that the vast majority of the breeding ponds identified are outside of the proposed development site/Eliffs Mill LWS, on land immediately to the east, with only the presence of a juvenile great crested newt suggesting that breeding may take place within the site itself. However, the proposed development site

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Urlay View SUDS Area - Great Crested Newt Surveys

provides excellent terrestrial habitat for the local amphibian population with a mosaic of grassland, scrub and woodland available. Due to the small distances between each of the pond clusters and the presence of contiguous optimal terrestrial habitat across a wider area (both on- and off-site) it should be considered that an interchange of animals occurs between the waterbodies and a single population exists. In order to determine the population size present (which is required for determining the scale and nature of any effects as well as determining potential mitigation) the maximum number of adult great crested newts across all ponds on any single visit is used. For this site this peak count was three (4th May) conforming to a small population (Natural England, 2001). Whilst the population was identified as being small, Tees Valley Wildlife Trust has confirmed that they have created a large number of artificial waterbodies in the area for the purposes of increasing the great crested newt population over recent years (Jereny Garside, pers. com.) and it is likely that many of the ponds surveyed are part of this conservation work. It should be noted that the Ellifs Mill LWS is designated for great crested newts which are afforded statutory legal protection along with their breeding ponds (see Section 3) with LWSs afforded policy protection through the NPPF (see Section 1.2). There are clear issues relating to proposed development on the Ellifs Mill site with respect to the confirmed presence of a small population of European protected species. However, if carefully designed and sensitively executed the nature of the proposed development (SUDS features) provides certain opportunities for improving the area for great crested newts, thus enhancing the LWS. Although SUDS ponds are unlikely to fit two criteria for good wildlife ponds (clean water and an independent supply) they can be created using the same design principles as amphibian ponds using gently sloping sides (not exceeding 1 in 3), a range of depths and irregular shape. Further beneficial design considerations include: creating a series of different wetland features rather than a single pond; varying the sizes of SUDS features to offer a range of conditions at any one time; and locating and designing to discourage the introduction of unsuitable species, notably fish and non-native plants (Baker et al, 2011). Whilst it is possible to promote great crested newt conservation through careful design of SUDS on the site the statutory protection that this species is afforded means that construction activity on the site is likely to cause breaches of their protective legislation (eg injury, death, disturbance and destruction of breeding ponds and/or terrestrial resting or hibernation places). It is possible to obtain a European Protected Species Mitigation (EPSM) licence

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Urlay View SUDS Area - Great Crested Newt Surveys

which allows actions which may otherwise breach protective legislation to be undertaken if the activity meets a purpose and satisfies two tests.3 In determining if a licence is required, it is Natural Englands view that, if the consultant ecologist, on the basis of survey information and specialist knowledge of the species concerned, considers that on balance the proposed activity is reasonably unlikely to result in an offence under Regulation 39 then no licence is required. It should be noted that it is highly likely that in this case a licence will be required with the alternative being to carry out work under a non-licensable method statement (and destruction of breeding ponds must be avoided in this case). However, a final decision will have to be made in the light of detailed development plans. EPSM licenses are issued following the granting of planning permission. Natural England aim to process application within 30 working days however, it is our recommendation that up to three months should be allowed to compile a licence application, for Natural England to consider the application and to gain consent from Natural England. Potential mitigation should be proportional to the small population of great crested newts identified on the site and should result in no net loss of habitats (both breeding ponds and terrestrial habitat). Due to the excellent terrestrial habitat present on-site it is possible that exclusion fencing and trapping-out of great crested newts prior to any construction works will be required with any captured newts transferred to a suitable site nearby. Given that a small great crested newt population has been identified in the area, guidance states that a minimum trapping effort of 30 days plus 5 consecutive days without capture in suitable weather conditions is undertaken. Other design considerations for any proposed development on the Ellifs Mill site will include assessment of any potential damage or disturbance to other species and habitats on the site and this aspect is covered in a separate habitats and species report (EcoNorth, 2012).

7.

Recommendations

The confirmation of on-site great crested newt breeding ponds along with the excellent terrestrial habitat that the proposed development site provides for this protected species are significant considerations in relation to any proposals for the site. The following recommendations are made without sight of any detailed plans for SUDS infrastructure and

See Section 10 of http://www.naturalengland.org.uk/Images/wml-g12_tcm6-4116.pdf Note that reasons of overriding public interest including those of a social or economic nature are included and a high degree of need for the scheme must be demonstrated. Also note that Natural England must be satisfied that there is no satisfactory alternative to the proposed activity and that the action authorised will not be detrimental to the maintenance of the species at a favourable status in their natural range.
3

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are provided in order for management decisions to be made by the development team and to assist in achieving sustainable development as per the emphasis of the National Planning Policy Framework (DCLG, 2012). 1. Due consideration is required of the status of the proposed development site as a Local Wildlife Site in the light of paragraph 113 of the NPPF where appropriate weight should be given to the importance of protected wildlife areas (including Local Sites) and the contribution which they make to wider ecological networks. In light of this provision in the NPPF the developer should determine if other, less sensitive land is available for any proposed development works. Any ultimate application for an EPSM licence will need to show both the need for the scheme and that no satisfactory alternative is available. 2. It is accepted that a well-designed SUDS scheme can offer opportunities to amphibians and that any proposals for the site should incorporate best practice methods to provide at least like for like replacement of aquatic and terrestrial habitat for great crested newts and, if at all possible, enhance the site for this species. Outline guidance set out in the Amphibian Habitat Management Handbook ((Baker et al, 2011) should be followed with inclusion of an ecologist within the design team. a. Specific consideration should be given to the location of confirmed breeding ponds within the site and avoidance of their destruction should be a prime consideration if practicable. Any destruction of a breeding place will require an EPSM licence from Natural England. b. Consideration of off-site improvements to the nearby pond cluster utilised by the local great crested newt population is a further consideration. If significant improvements can be made to this network on adjacent land then on-site development may be mitigated for (in full or in part) and be more acceptable to the planning authority, Natural England and Tees Valley Wildlife Trust. 3. Pre-planning application liaison with the local authoritys ecologist and Tees Valley Wildlife Trust should be undertaken to ensure acceptability of the scheme. 4. Once development plans have been compiled a site specific risk assessment should be undertaken4 to inform the requirement to obtain a European protected species mitigation licence for the works. A decision on the need for an EPSM licence will be made by a consultant ecologist on the balance of evidence, of the likelihood of an offence being committed under the Habitats Regulations 2010. 5. If an EPS licence is required, a specialist ecologist with appropriate experience will be required to help obtain the licence and up to 3 months should be allowed to obtain such a licence post-planning consent.

The risk assessment should utilise the rapid risk assessment tool contained in Natural Englands form WML-A14-2 supplemented with site specific information.

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8.

References

Baker, J., Beebee T., Buckley, J., Gent, A. and Orchard, (2011) Amphibian and Habitat Management Handbook, Bournemouth. Department of Communities and Local Government, (2012), National Planning Policy Framework, London. Durkin J., (2008), Amphibian Atlas of North East England EcoNorth, (2011) Urlay View Extended Phase 1 Habitat Survey. EcoNorth, (2012) Urlay View SUDS Area Extended Phase 1 Habitat Survey. English Nature, (2001) Great crested newt mitigation guidelines. Langton, T.E.S., Beckett, C.L., and Foster, J.P. (2001), Great Crested Newt Conservation Handbook, Froglife, Halesworth. Wright D., (2010), Fish Control Methods for Great Crested Newt Conservation (England and Wales), Amphibian and Reptile Conservation.

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Appendix A Ellifs Mill Local Wildlife Site

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Appendix B Additional Photographs

Photograph 1: Great crested newt egg Photograph 2: Male alpine newt

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