z\x\zx\zx\zx\zx SUDS

Urlay View SUDS Area

Extended Phase 1 Habitat Survey Report
July 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

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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: Phase 1 Survey

Non-Technical Summary
An extended Phase 1 habitat survey was undertaken at land at Urlay Nook, Egglescliffe, Cleveland ahead of proposals to provide Sustainable Urban Drainage Systems (SUDS) on the land. The survey was undertaken on 3rd May 2012 by Mark Wilkinson MIEEM. The presence of protected species have been identified on the site which would need to be accounted for during development works. Five habitat types were identified on site including mature broad-leaved plantation, scrub, semi-improved neutral grassland, tall ruderal vegetation and waterbodies; providing a good diversity of habitats suitable for supporting a range of species. Badger and otter have been identified on site, but an absence of setts or resting sites suggests that these species use the site for foraging and/or commuting. Habitats on site have good potential for supporting breeding birds, mature trees have more limited potential for supporting roosting bats, and the habitats provide foraging opportunities for all of these species. The site is designated as 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 woodland, scrub and grasslands present on site provide good terrestrial habitat which is required by GCNs outside of the breeding season. GCNs are a statutory protected species, affording protection to both individuals and their habitat. As such, GCNs will need to be fully accounted for during any development on site, and it is therefore recommended that a full programme of GCN surveys would be undertaken to establish the presence and size of population both on site and in waterbodies within 500m. Overall, the site is regarded as being of high ecological value for its diversity of habitats, designation as a LWS for presence of GCNs, and presence of other protected species. Additional recommendations are made for protecting and enhancing the ecology of the site during the development.

Urlay View SUDS Area: Phase 1 Survey

Urlay View SUDS Area: Phase 1 Survey

Contents
1. 1.1 1.2 1.3 1.4 2. 3. 3.1 3.2 3.3 3.4 4. 4.1 4.2 4.3 5. 6. 6.1 6.2 6.3 6.4 7. Introduction .............................................................................................................. 4 Background ............................................................................................................. 4 Ellifs Mill Local Wildlife Site..................................................................................... 4 Site Description........................................................................................................ 5 Aims of the Study .................................................................................................... 6 Protective Legislation .............................................................................................. 6 Methods .................................................................................................................... 7 Desk Study................................................................................................................. 7 Ecological Survey..................................................................................................... 7 Survey Constraints.................................................................................................... 8 Habitat and Species Evaluation Criteria .............................................................. 8 Results ........................................................................................................................ 8 Desk Study................................................................................................................. 8 Habitats ..................................................................................................................... 9 Species .................................................................................................................... 10 Interpretation and Conclusions ........................................................................... 11 Recommendations ................................................................................................ 12 Great Crested Newts............................................................................................. 12 Badger and Otter .................................................................................................. 12 Bats and Breeding Birds......................................................................................... 13 Retention and Creation of Wet Areas and Scrapes......................................... 13 References.............................................................................................................. 14

Urlay View SUDS Area: Phase 1 Survey

Appendix A Species Specific Legislation and Survey Methodologies........................... 16 Appendix B Target Notes ..................................................................................................... 20

Urlay View SUDS Area: Phase 1 Survey

1.
1.1

Introduction
Background

EcoNorth Ltd was commissioned by Taylor Wimpey UK Limited to undertake an extended Phase 1 survey 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.

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 Triturus cristatus. 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.

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.
1 2

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: Phase 1 Survey

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 and is situated on a slope leading from north to south down to the Nelly Burdons Beck. The site includes some areas of wet habitats such as scrapes, which could be used by great crested newts which are known to be present in the locality, and the site has suitable terrestrial habitat for this species. The site is bounded to the north by a main road beyond which lie arable fields. A continuation of scrub and woodland habitats extend beyond the site boundary to the west and east-southeast, and the site is bounded by allotments to the east. Arable fields lie to the south of the site on the opposite side of the Nelly Burdons Beck.

Contains Ordnance Survey data Crown copyright and database rights 2012.

Figure 1.1: Site Location (indicative site boundary outlined in red)

Urlay View SUDS Area: Phase 1 Survey

1.4

Aims of the Study

This study aims to identify the habitats present on site and any evidence of, or the potential for, protected species being present on site. This report: sets out the results of the survey; analyses the sites value for nature conservation; identifies additional survey requirements; and identifies constraints and opportunities for the development of the site from an ecological perspective.

2.

Protective Legislation

Many UK wildlife species and their habitats are protected by legislation. The most pertinent of these include: Conservation of Habitats and Species Regulations 2010; Wildlife and Countryside Act 1981 (as amended); and Protection of Badgers Act 1992.

A summary of specific species protection is provided in Appendix A. In addition to species protected by law, other species have been identified within Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006, as requiring conservation action as Species of Principal Importance for the conservation of biodiversity in England. Section 41 also includes Habitats of Principal Importance in England which are indentified as requiring action in the UK Biodiversity Action Plan. This Act also confers a biodiversity duty on public bodies, such as planning authorities, to ensure that biodiversity is integrated within all relevant policies and decisions made. National Planning Policy Framework 2012 (NPPF) advises that the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes, recognising the wider benefits of ecosystem services, and minimising impacts on biodiversity and providing net gains in biodiversity where possible. This includes contributing to the Governments commitment to halt the overall decline in biodiversity, by establishing coherent ecological networks that are more resilient to current and future pressures. 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 guidance within the NPPF is a material planning consideration. Schedule 9 of The Wildlife and Countryside Act 1981 (as amended) identifies 54 invasive nonnative plant species which are deemed to have serious negative impacts on native British

Urlay View SUDS Area: Phase 1 Survey

species, public health or the economy. Under this Act it is an offence to plant or otherwise cause to grow in the wild3 any plant which is included in Schedule 9 of the Act. The reader should refer to the original legislation for the definitive interpretation.

3.
3.1

Methods
Desk Study

No specific records search was conducted for the Urlay View SUDS area site, but species records were obtained 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).

3.2

Ecological Survey

An extended Phase 1 habitat survey was undertaken by Mark Wilkinson MIEEM on the 3rd May 2012. The methodology follows that set out in the Handbook for Phase 1 Habitat Survey (Joint Nature Conservation Committee, 2007). The survey was extended so that evidence of protected or notable species was searched for. Plant species were identified in accordance with Rose (2006) and Stace (2010). The search for protected species considered the following species groups in accordance with the location and surroundings of the site: Badger Meles meles; Bats; Breeding birds; Great crested newt; Otter Lutra lutra; and Water vole Arvicola amphibius.

A summary of specific survey methodologies for the above species is provided in Appendix A.

Causing to grow in the wild can include inappropriate disposal of wastes and soils whereby it spreads into the wild.

Urlay View SUDS Area: Phase 1 Survey

During the survey an assessment was made of the potential for habitats within the site to support other species of interest, such as notable invertebrates (eg Local or UK Biodiversity Action Plan species such as dingy skipper Erynnis tages). A search was also conducted for presence of Schedule 9 invasive non-native plant species such as Japanese knotweed Fallopia japonica and Himalayan balsam Impatiens glandulifera. Signs of protected species were recorded using GPS (Garmin GPSMAP 62s handheld unit).

3.3

Survey Constraints

Some limited parts of the site were not fully accessible where very dense scrub was present, preventing searches for signs of protected species in these areas.

3.4

Habitat and Species Evaluation Criteria

A six-point evaluation scale has been used to assist with the identification of habitats and species of ecological significance in relation to the site. Informed by information regarding levels of protection, rarity, distribution etc along with professional judgement, this scale is effective at this early stage of a development in order to focus further work appropriately. The six point scale is outlined below: negligible value; low value; moderate value; high value (Local/District importance or supporting protected species); very high value (County importance e.g. County Wildlife Sites or supporting significant numbers of protected species); and exceptional value (National or international importance e.g. Site of Special Scientific Interest (SSSI)).

4.
4.1

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. The site itself contains a number of wet areas consisting of small scrapes and depressions. A cluster of small ponds have been created within the woodland within 10-20m to the east of the site, with another

Urlay View SUDS Area: Phase 1 Survey

similar cluster of ponds located within an open area behind the allotments approximately 80100m to the east of the site. A pond or series of ponds operated as a sport fishery is/are present approximately 250m to the west, and the site is bounded by the Nelly Burdons Beck to the south. A small-medium pond is present on the opposite side of the Nelly Burdons Beck approximately 120m to the southeast of the site.

4.2

Habitats

Five main habitat types were identified during the survey and these are described in the following sections and shown on Figure 4.1. The target notes are provided in Appendix B.

4.2.1 Semi-Improved Neutral Grassland

Semi-improved neutral grassland is present across the level area at the north of the site. This habitat consists of a dense, tussocky sward with several indicators of neutral conditions including cocks-foot Dactylis glomerata and common knapweed Centaurea nigra, with a range of other species including field woodrush Luzula campestris, germander speedwell Veronica chamaedrys, crosswort Cruciata laevipes, red clover Trifolium pratense, cleavers Galium aparine, hogweed Heracleum sphondylium and cow parsley Anthriscus sylvestris. There are small wet areas which have been created within the grassland in places (see Target Notes 1 & 2) comprising stands of hard rush Juncus inflexus, horsetail Equisetum sp. and great willowherb Epilobium hirsutum.

4.2.2 Dense and Scattered Scrub

A band of scrub runs across the centre of the site from west to east, separating the area of grassland to the north and the woodland to the south. Dense stands of hawthorn Crataegus monogyna are present in places, and these areas have little in the way of ground cover due to the dense canopy, limited to occasional species such as nettles Urtica dioica. The scrub becomes more scattered around the edges of the semi-improved neutral grassland to the north consisting of sparser hawthorn with elder Sambucus nigra and dog rose Rosa canina also present.

4.2.3 Tall Ruderal Vegetation

A stand of tall ruderal vegetation is present towards the west of the site consisting of brambles Rubus fruticosus agg., broad-leaved dock Rumex obtusifolius, cleavers, hogweed and cocks-foot. Stands of brambles are encroaching on parts of the semi-improved neutral grassland.

4.2.4 Broad-leaved Plantation Woodland

A band of broad-leaved plantation woodland runs across the south of the site, adjacent to the Nelly Burdons Beck. Willow Salix spp. is dominant within the canopy, with other species

Urlay View SUDS Area: Phase 1 Survey

including ash Fraxinus excelsior, elder and hawthorn. A reasonably diverse ground flora is present including bluebells Hyacinthoides non-scripta, ramsons Allium ursinum, wood avens Geum urbanum, hedge woundwort Stachys sylvatica, herb Robert Geranium robertianum, meadowsweet Filipendula ulmaria, germander speedwell, cleavers, hogweed, nettles, brambles and cow parsley.

4.2.5 Watercourses and Water Bodies

The Nelly Burdons Beck, forming the southern boundary of the site, was turbid and fastflowing at the time of survey. This watercourse is narrow (1-2m) and mostly shaded by surrounding woodland. A number of small scrapes (limited in number and usually no larger than 1x1m), wet depressions and short and narrow channels have been created on site. These are relatively limited in species diversity, including hard rush, silverweed Potentilla anserina, sedges Carex spp. and creeping buttercup Ranunculus repens.

4.3

Species

4.3.1 Badger
The combination of grassland, scrub, woodland and small waterbodies provides suitable habitat and foraging opportunities for badgers. A badger footprint was identified towards the west of the site (see Target Note 3), confirming that this species uses the site. The footprint was located close to a shallow partially dug hole, about the size and depth of a football, but there was no evidence of fresh digging and no other badger excavations (including setts) were identified on site.

4.3.2 Bats
The combination of grassland, scrub, woodland and small waterbodies provides suitable cover and foraging opportunities for bats. Some of the larger mature trees on site have features such as splits and rot holes where limbs have fallen, and these may offer some potential opportunities for roosting bats. However, such trees are located within a relatively cluttered woodland environment (ie lacking clean flight lines and access for bats) which could potentially limit suitability as roosting sites.

4.3.3 Breeding Birds

A number of bird species were observed on site during the survey including blackbird Turdus merula, great tit Parus major, robin Erithacus rubecula, blackcap Sylvia atricapilla and woodpigeon Columba palumbus. The woodland and dense scrub habitats present on site provide extensive nesting opportunities for a range of passerine bird species including those mentioned above.

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Urlay View SUDS Area: Phase 1 Survey

4.3.4 Great Crested Newts

As identified in Section 1.2, the site is designated as a Local Wildlife Site due to the presence of a known population of great crested newts (GCNs). GCNs require a range of habitats throughout their life cycle; using ponds and waterbodies to breed during spring and early summer, and terrestrial habitats to forage, rest, disperse and over-winter. Although there are some water bodies on site (see Section 4.2.5), these are limited in terms of their size, numerousness, and features such as botanical diversity, and are therefore limited in terms of their ability to support a breeding population of GCNs. However, Section 4.1 identifies a number of ponds located within 500m of the site (with some <20m from the site), which may have higher potential to support GCN breeding. Additionally, the woodland, dense and scattered scrub and grassland habitats fulfil the terrestrial habitat requirements for this species. A full survey for GCNs was undertaken in 2012 and the results of this are fully reported in EcoNorth (2012).

4.3.5 Otter
A few otter footprints were identified in silt along the edge of the Nelly Burdons Beck (see Target Note 6), showing that the beck is occasionally used by commuting otter. No evidence of otter rest sites were identified, although cavities around fallen trees and accumulated flood debris provide opportunities for potential rest sites in several places along the beck.

4.3.6 Water vole

No evidence of water vole was identified along the course of the Nelly Burdons Beck (such as latrine sites or burrows). The beck is mostly shaded by woodland cover, providing suboptimal conditions for this species (Strachan and Moorhouse, 2006).

4.37

Other species

A fox Vulpes vulpes was identified towards the east of the site (see Target Note 4). Wet areas and scrapes amongst grassland and scrub habitats (see Target Notes 1, 2 & 5) provide a diversity of micro habitats, improving opportunity for a range of invertebrates and other species.

5.

Interpretation and Conclusions

Overall, the range of habitats on site can be regarded as having moderate to high ecological value at a local level, comprising grassland with reasonable species diversity, woodland and scrub including a diversity of tree sizes and maturity, and areas of wet habitat and watercourse.

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Urlay View SUDS Area: Phase 1 Survey

Evidence of protected species has been confirmed on site (otter and badger), with habitats providing potential for a range of other species (such as bats and breeding birds). The onsite waterodies have been confirmed as breeding ponds for great crested newts (EcoNorth, 2012) and the site can be considered to be of high value for protected species It should be noted that the Ellifs Mill LWS is designated for great crested newts which are afforded statutory legal protection along with their habitat (see Appendix A) with LWSs afforded policy protection through the NPPF (see Section 1.2); reaffirming the sites high ecological value at a local level. Development of a SUDS scheme on the site has the potential to impact on the existing hydrology of the site, subsequently impacting the structure and composition of existing habitats and their use by protected species such as GCNs. Through careful design and sensitive execution of SUDS features, negative impacts to the existing habitat mosaic on site should be minimised and mitigated against. Additionally, opportunities for providing improved habitat for protected species (ie new waterbodies to support GCN breeding) would be welcomed aiming to enhance the LWS.

6.
6.1

Recommendations
Great Crested Newts

Given the site is designated as a Local Wildlife Site for the presence of GCNs, and confirmation that the site is used for breeding (EcoNorth, 2012) full account of this species, its habitat requirements and legal protection will be required for any proposed development.

6.2

Badger and Otter

Due to the identified presence of badger and otter on site, but no setts or resting sites located, the following mitigation should be implemented during the construction phase to ensure these species are suitably protected: A walkover survey will be undertaken by a suitable qualified ecologist within 4 6 weeks prior to any construction activities (including site clearance) commencing to ensure no new setts or rest sites have been established. Fencing will be maintained around deep excavations to avoid accidental harm to foraging badgers or commuting otters; All trenches and excavations >1m deep will have an escape plank left in overnight to aid escape by any foraging badgers or commuting otters; and Developers will ensure the safe storage of materials, chemicals, fuels, oils and equipment within safety fencing to prevent accidental harm to wildlife.

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Urlay View SUDS Area: Phase 1 Survey

6.3

Bats and Breeding Birds

Once firm plans for the site are established, careful assessment of the impact of these should be made in relation to bats and breeding birds. Specifically, an assessment should be made as to whether works on site will impact on habitats which have potential for use by roosting bats and breeding birds including (but not restricted to) woodland and mature trees, scrub and grassland. Given the nature of the potential plans for the site, clearance of areas of existing habitat may be required, or loss or damage may result from unfavourable changes to the hydrology of the site. Birds nests are protected by law whilst occupied (see Appendix A), therefore to minimise the likelihood of an offence being committed any required clearance of the aforementioned habitats should be undertaken outside of the breeding bird season (which runs from March to August inclusive). If it is unavoidable to conduct clearance works outside of the bird breeding season, a breeding bird survey would be undertaken by a suitably qualified ecologist within 7 days of works commencing. If an occupied nest is found, clearance of that area would have to cease until such a time as the ecologist deems the nest to no longer be in use. A check for bats by a suitably qualified ecologist would be required where large mature trees are to be lost or damaged during the development or as a result of changing conditions on site. Any plans for the site should include for zero or minimal lighting (with any lights specified being directional as far as practicable) as the site is likely to be used by foraging bats.

6.4

Retention and Creation of Wet Areas and Scrapes

Existing wet areas and scrapes should be retained as these provide some habitat for GCNs (in line with the sites designation as an LWS), as well as good micro habitats to improve the invertebrate diversity of the site. The inclusion of new wet areas and small scrapes outside the main water bodies within a SUDS scheme can help to further enhance the site for such species. Although SUDS features 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 the features to discourage the introduction of unsuitable species, notably fish and non-native plants (Baker et al., 2011).

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7.

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. EcoNorth, (2011) Urlay View Extended Phase 1 Habitat Survey. EcoNorth, (2012) Urlay View SUDS Area Great Crested Newt Surveys. English Nature, (2001) Great crested newt mitigation guidelines. JNCC (2007). Handbook for Phase 1 Habitat Survey: A Technique for Environmental Audit. JNCC. Peterborough. Langton, T.E.S., Beckett, C.L., and Foster, J.P. (2001), Great Crested Newt Conservation Handbook, Froglife, Halesworth. Natural England (2012), Standing Advice Species Sheet: Great Crested Newts. http://www.naturalengland.org.uk/ourwork/planningdevelopment/spatialplanning/standing advice/specieslinks.aspx Rose F. as revised and updated by OReilly, C (2006). The Wild Flower Key - New Revised Expanded Edition. Penguin Books Ltd. Stace C. (2010). New Flora of the British Isles. Third Edition. Cambridge. Strachan, R., and Moorhouse, T., (2006) Water Vole Conservation Handbook, second edition. Wildlife Conservation Research Unit.

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Appendix A Methodologies

Species

Specific

Legislation

and

Survey

Badger (Meles meles)

Protective Legislation The main legislation protecting badgers is the Protection of Badgers Act (1992). This Act consolidates previous legislation by providing comprehensive protection for badgers (it is illegal to, or to attempt to, willfully kill, injure, take, possess or cruelly ill-treat any badger) and their setts (it is an offence to intentionally damage or destroy a badger sett). Set interference includes damaging or destroying a sett, obstructing access to a sett, or disturbing a badger when it is occupying a sett. What constitutes a sett is important and the Act defines this as, any structure or place which displays signs indicating current use by a badger. Further guidance is available from Natural England4 on what constitutes a sett and what is meant by current use. A precautionary approach is advocated. In Scotland current use is defined as, any sett within an occupied badger territory regardless of when it was last used. Fines of up to 5,000 plus up to six months imprisonment, for each illegal sett interference, badger death or injury can pertain. The legislation does, however, recognise the need for a range of legitimate activities to be carried out and authorised sett disturbance or destruction can be carried out under licence for the purposes of development (amongst others) if certain conditions are met. Survey Methodology Suitable habitats are searched for evidence of badgers including setts, snuffle holes, runs and presence of hair on push-throughs under fences. Where access permits, searches are extended to look for evidence of badger setts within 50m of the site.

Bats

Protective Legislation Bats are included in The Conservation of Habitats and Species Regulations 2010 and are therefore considered to be a European Protected Species (EPS). These Regulations fully protect bats and their breeding sites or resting places, making it an offence to:

http://www.naturalengland.org.uk/Images/WMLG17_tcm6-11815.pdf

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Urlay View SUDS Area: Phase 1 Survey

deliberately capture (take), injure or kill bats; deliberately disturb bats; or damage or destroy a bat breeding site or resting place.

Additionally, all bats and their roosts are fully protected under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended), with further enforcement provided by The Countryside and Rights of Way Act 2000, making it an offence to intentionally or recklessly: disturb any bat whilst it is occupying a structure or place which it uses for shelter or protection; or obstruct access to any structure or place which any bat uses for shelter or protection.

Bat roosts (breeding sites and resting places) are protected whether or not bats are present at the time of works. Bats and bat roosts are also protected irrespective of whether planning permission has been granted or not. Survey Methodology Trees and woodland are assessed for potential to support roosting bats following the methodology outlined in the Bat Survey Good Practice Guidelines by the Bat Conservation Trust. This involves inspecting mature trees for presence of features which may support roosting bats such as splits and fissures in the trunk, rot holes and cavities where limbs have fallen, loose bark and dense epicormic plant growth. Suitable features are inspected for evidence of bats such as bat droppings and staining from fur-oil and urine. The survey is undertaken from the ground and aided by the use of close-focusing binoculars and highpowered torches where necessary.

Birds

Protective Legislation All wild birds, their occupied nests and eggs are protected by the Wildlife & Countryside Act 1981 (as amended). Schedule 1 birds are species which are afforded special protection within the Wildlife & Countryside Act (as amended). It is illegal to intentionally or recklessly disturb any Schedule 1 species while it is nest building or is at (or near) a nest with eggs or young; or disturb the dependent young of such a bird. Survey Methodology Suitable habitats on site are checked for evidence of bird breeding, and the location of any evidence is recorded. Evidence of breeding includes the presence of old or active nests, adult birds alarm calling around probable nest sites, and the presence of fledglings during the breeding season.

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Great crested newts

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. Survey Methodology 1:10,000 Ordnance Survey maps and aerial photographs were examined to identify any waterboides 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).

Otter

Protective Legislation Otters and their places of shelter are protected under the Wildlife and Countryside Act 1981 (as amended) against intentional killing and injuring or the taking of an otter. The legislations also protects otters against intentional or reckless: Damage, destruction or obstruction of their place of shelter; and Disturbance of any such animal while it is in, or using, this place.

Otters are also protected under The Conservation of Habitats and Species Regulations 2010 against deliberate: Capturing, injuring or killing; Disturbance in such a way as to significantly affect:

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Urlay View SUDS Area: Phase 1 Survey

1. the ability of any significant group of animals of that species to survive, breed or rear or nurture their young. 2. the local distribution or abundance of that species; and Damaging or destroying a breeding site or resting place.

Survey Methodology Suitable habitats are checked for any signs of otter including: Direct sightings. Droppings (spraints) are one of the most distinctive field signs for Otter and tend to be frequently deposited on prominent structures such as logs, large stones and near structures such as bridges. Particular attention will be paid to such structures. Feeding signs such as fish remains, crayfish debris, and amphibian remains. Resting places which may include cavities in riverside structures such as walls, tree root systems, and uncovered resting sites in grass vegetation or reed beds. Resting places are specifically protected under European legislation. Footprints. Otter readily leave distinctive prints in mud, sand and other soft sediment.

Water vole

Protective Legislation Water voles receive legal protection under the Wildlife and Countryside act 1981 (as amended). Under the legislation it is an offence to: Capture, injure or kill them; to damage, destroy or obstruct their breeding or resting places; and to disturb them in their breeding or resting places Survey Methodology Suitable habitats are checked for any signs of water vole including latrines; feeding stations or chopped vegetation; tunnel entrances above and below water with a cropped garden or lawn around the tunnel entrance; paths and runs in the waters edge, runs in the vegetation and footprints in the mud; and sightings, sounds of voles entering the water. All signs of other riparian mammals including brown rat, otter, and particularly mink will be noted.

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Urlay View SUDS Area: Phase 1 Survey

Appendix B Target Notes

Target Note Number 1 2 3 4 5 6 Target Note Wet area with horsetail, hard rush and great willowherb Wet area with hard rush Badger footprint next to shallow partially dug hole Adult fox Wet area with small scrapes Otter tracks along edge of Nelly Burdon's Beck

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