Urlay View Extended Phase 1 Survey Report

October 2011

Report For: Taylor Wimpey UK Ltd and West Raynham Developments Ltd

Doc Ref: ECN 11 039 Final Report2 Prepared by: Mark Wilkinson MIEEM Reviewed by: Paul Salmon Approved by: Paul Salmon Date: 28 October 2011

Urlay View Extended Phase 1 Habitat Survey

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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.

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Summary
An extended Phase 1 habitat survey was undertaken on agricultural land at Urlay View, Egglescliffe, Cleveland, ahead of plans to redevelop the site. The survey was undertaken on 20th September 2011 by Mark Wilkinson MIEEM. No evidence of protected species was found on site which is likely to constrain the proposed development. Due to the proximity of a Ellifs Mill and the Elementis Local Wildlife Sites, a risk assessment is set out in relation to the potential for great crested newts to utilise the site and also to help ascertain if a mitigation licence from Natural England will be required in relation to the proposed development. The assessment concludes that great crested newts are unlikely to be present on the proposed development site and no offences under the protective legislation can reasonably be expected. Therefore detailed mitigation under licence is not considered necessary and a non-licensed method statement approach is recommended. Five main habitat types were identified on site. The most abundant habitat on site by far comprises fields of improved grassland managed as a hay crop. This habitat is of low conservation value owing to its limited range of species and their dominance, the level of enrichment that it is likely to receive, and a lack of discernable field margins. Hedgerows are relatively extensive on site, and are present along the majority of the sites boundaries. Sections towards the east of the site are mostly intact and continuous, while other sections are mostly gappy and defunct. Although relatively species poor, they do comprise of native shrub species, and the tall ruderal vegetation growing along their edges and amongst gappy sections helps to create moderately diverse corridors of habitats. Hedgerows are included as a priority habitat within the Tees Valley Local Biodiversity Action Plan, and are included under Section 41 of the Natural Environment and Rural Communities (NERC) Act 2006; making them a material planning consideration. A 0.011ha strip of mixed plantation woodland present in the south of the site and is somewhat limited in its structural and botanical diversity and can be regarded as being of low value. Other habitats present on site included sections of tall ruderal vegetation which is moderately species rich, a small area of marshy grassland in a waterlogged corner of a field, and short mown amenity grassland is present around the fringes of the site in places. Two large semi-mature ash trees are at the southeast corner of the site have some holes and cavities where limbs have fallen, and these may provide potential roosting opportunities for bats. Overall the majority of the site is considered to be of low ecological value with the sites boundary features and hedgerow system being of moderate value. A number of recommendations are made to protect and improve the sites ecology during the development.

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Contents
1.0 1.1 1.2 1.3 1.4 2.0 2.1 2.2 3.0 3.1 3.2 3.3 4.0 4.1 4.2 4.3.1 4.3.1 4.3.2 5.3.2 4.4 5.0 6.1 6.2 6.3 6.4 6.5 6.6 7.0 Introduction ......................................................................................................................................... 6 Background........................................................................................................................................ 6 Site Context........................................................................................................................................ 6 Legislation.......................................................................................................................................... 7 Biodiversity Action Plans ................................................................................................................. 8 Methodology........................................................................................................................................ 8 Desk Study ......................................................................................................................................... 8 Extended Phase 1 Survey................................................................................................................. 8 Results ................................................................................................................................................. 9 Desk Study ......................................................................................................................................... 9 Habitats ............................................................................................................................................ 11 Fauna ................................................................................................................................................ 12 Great Crested Newt (GCN) Risk Assessment ................................................................................ 13 Introduction...................................................................................................................................... 13 Legislation........................................................................................................................................ 14 Baseline Information ....................................................................................................................... 15 Known GCN Sites and Records ..................................................................................................... 15 On-Site Terrestrial Habitats ............................................................................................................ 15 Habitat Connectivity........................................................................................................................ 15 Site Specific Risk Assessment ...................................................................................................... 16 Site Evaluation .................................................................................................................................. 17 Retention of Hedgerows ................................................................................................................. 17 Mature Trees .................................................................................................................................... 18 Protected and Notable Species ..................................................................................................... 18 Breeding Birds ................................................................................................................................. 18 Great Crested Newts ....................................................................................................................... 18 Ecological Enhancement ................................................................................................................ 18 References......................................................................................................................................... 19

Appendix A Species Specific Legislation and Survey Methodologies ................................................. 21 Appendix B Records of Statutory and Non-Statutory Sites and Protected Species Within 2km of the Site ............................................................................................................................................................ 23 Appendix C Phase 1 Survey Target Notes ............................................................................................... 25 Appendix D Photographs ........................................................................................................................... 27 Appendix E Great Crested Newt Method Statement ............................................................................... 29

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1.0
1.1

Introduction
Background

EcoNorth Ltd was commissioned by Taylor Wimpey UK Ltd and West Raynham Developments Ltd to undertake an extended Phase 1 habitat survey at Urlay View, Egglescliffe, Cleveland (grid reference: NZ408143) ahead of plans to develop the site for residential housing. This report: details the findings of a desk study and an extended Phase 1 habitat survey (which provides baseline ecological information); 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.

A risk assessment is also provided in relation to the potential for great crested newts to utilise the site and to help ascertain if a mitigation licence from Natural England will be required in relation to the proposed development.

1.2

Site Context

Figure 1.1 identifies the location of the site with Appendix D containing photographs of some of the sites features. The site consists of approximately 7ha of agricultural land used for hay crop. A road and railway line runs to the north of the site, beyond which lies a mixture of plantation woodland, industrial and amenity areas. Beyond an adjoining road, a residential housing estate lies to the east of the site. The A67 runs close to the southern site boundary separated by a narrow, wooded shelter belt. Similar agricultural land is contiguous to the west of the site, beyond which there is scrub and rough grassland with industrial and commercial units.

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Contains Ordnance Survey data Crown copyright and database rights 2011.

Figure 1.1

Site Location

1.3

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); Protection of Badgers Act 1992; and Countryside and Rights of Way (CRoW) Act 2000.

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. 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. Planning Policy Statement 9 (PPS9) - Biodiversity and Geological Conservation (2005) advises that planning policies and planning decisions should aim to maintain, and enhance, restore or add to biodiversity interests. Where sites of biodiversity and geological conservation value are affected by development proposals, appropriate weight should be attached to designated sites
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of international, national and local importance, protected species and to biodiversity and geological interests within the wider environment. The policies and guidance within PPS9 are material planning consideration.

1.4

Biodiversity Action Plans

Following The Convention on Biological Diversity (1992), the UK Biodiversity Action Plan was published in 1994 to guide national strategy for the conservation of biodiversity through Species Action Plans (SAPs) and Habitat Action Plans (HAPs), which set conservation targets and objectives. Most areas now possess a local Biodiversity Action Plan (BAP) to complement the national strategy where priority habitats and species are identified and targets set for their conservation. BAPs are the key nature conservation initiative in the UK, working at national, regional and local levels. The Tees Valley Biodiversity Action Plan (LBAP) includes individual habitats and species plans reflecting those habitats and species which are characteristic of the Tees Valleys natural heritage and most at risk from loss, fragmentation and deterioration of quality.

2.0
2.1

Methodology
Desk Study

Contextual information was gathered as part of a desk study. Such information is important as it helps identify protected or notable species which may occur on the site and indicate other offsite factors which may influence use of the site by species (e.g. the desk study may identify the potential for the site to be used as an important commuting route for bats from roosts to feeding areas). Information relating to species records and the location of statutory and non-statutory nature conservation sites within 5km of the site was obtained from the Environmental Records and Information Centre for the North East (ERIC) and from the Multi-Agency Geographic Information for the Countryside (MAGIC) website (http://www.magic.gov.uk). Additionally, 1:10000 OS mapping was consulted to identify waterbodies or watercourses within 500m of the site. This search reflects the potential for great crested newt Triturus cristatus to utilise terrestrial habitat up to 500m from their breeding ponds (Froglife, 2001) and also helps determine the potential for other riparian or semi-aquatic species to be present (eg otter Lutra lutra).

2.2

Extended Phase 1 Survey

A Phase 1 habitat survey was undertaken by Mark Wilkinson (MIEEM) on the 20th September 2011. The survey as undertaken in accordance with the Phase 1 survey methodology described in the Handbook for Phase 1 Habitat Survey (JNCC, 2010). The weather at the time of survey was dry and bright, with a gentle breeze. During the survey, each habitat type was drawn onto a field map and the survey was extended so that evidence of the following protected or notable species was searched for in accordance with the sites habitats and location: Breeding birds; Badger Meles meles; and Reptiles.

Whilst no direct search for great crested newts Triturus cristatus was undertaken the surveyor assessed the suitability of the terrestrial habitat on-site for this species as a local wildlife site designated for this species is located 50m to the south. The survey encompassed the footprint of the proposed development and, where access was possible, the surrounding area. Plant species were identified in accordance with Rose (2006)
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and Stace (2010). During the survey an assessment was made of the potential for habitats within the site to support other species of interest, such as Biodiversity Action Plan species. 2.2.1 Survey Constraints

The survey was conducted at an appropriate time of year for vegetation growth. The survey was conducted outside of the bird breeding season, so signs such as alarm calls, adults carrying nest materials and food, and fledglings were absent. Due to the density of hedgerows on site it was difficult to conduct searches for old nests in places. 2.3 Evaluation

A six-point evaluation scale has been used to assist with the identification of habitats of ecological significance in relation to proposed development of 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)).

3.0
3.1
3.1.1

Results
Desk Study
Designated Sites for Nature Conservation within 2km of the Site

There are 4 non-statutory sites situated within 2km of the proposed development area as shown in Table 3.1 and Appendix B. No statutory designated sites were found within 2km of the proposed development area. Table 3.1 Designated Sites for Nature Conservation within 2km of the Site
Closest Point to Site 0.3km N/NW Criteria for Designation

Designated Site

Elementis Nature Reserve LWS

The site is a former airfield and supports great crested newt and dingy skipper populations. Area of grassland and ponds which supports great crested newt populations. Churchyard supporting rare lichen species. Herb-rich wet grassland/wet flush.

Eliffs Mill LWS

50m SW

Yarm Churchyard LWS Aislaby Banks LWS

1.5km SE 1.8km SW

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3.1.2

Protected Species

ERIC provided protected and notable species records within 2 km of the site and this has been supplemented with data from local ecologists (see Table 3.2 and Table 3.3). All records highlighted within the table were recorded within the last 10 years. Table 3.2
Species

Protected species present within 2 km of the site

No of Records Most Recent Record Proximity of Closest Record to the Site 0.7km southwest 1.7km northwest UK BAP Local BAP

Otter Lutra lutra Water vole Arvicola amphibus

3 1

2007 2006

Badger Meles meles Noctule bat Nyctalus noctula Common pipistrelle bat Pipistrellus pipistrellus Brown long-eared bat Plecotus auritus Great crested newt Triturus cristatus

3 1 3 4 5

2008 2006 2009 2007 2010

0.7km north 1.7km northwest 1.3km northeast 0.2km southeast 0.5km west

It should be noted that the supplied records of great crested newts from the Ellifs Mill are 18 years old. Common lizard Zootoca vivipara 1 2007 0.4km southeast

Table 3.3
Species

Notable species present within 2 km of the site

No of Records Most Recent Record Proximity of Closest Record to the Site 1.3km southwest 0.5km northwest UK BAP Local BAP

Brown hare Lepus europaeus Dingy skipper Erynnis tages

4 7

2007 2006

3.1.3

Waterbodies

Waterbodies within 500 m of the site are identified in Table 3.3. Table 3.4
Name Nelly Burdons Beck

Waterbodies identified within 500 m of the site

Distance and Direction from Site Approximately 100 m south of the proposed development site at its closest point. Comments The site is separated from the Beck by a major road, the A67, which acts as a major barrier to any movement of wildlife from the direction of the watercourse to the proposed development site.

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Name Ellifs Mill Pond

Distance and Direction from Site Approximately 50m south.

Comments Some wetter areas are present in the grassland on-site and these may form small ponds/pools in the wetter months.

3.2

Habitats

The Phase 1 habitat survey identified five main habitat types on site and these are described in the following sub-sections. All habitats are shown on Figure 3.1 with target notes in Appendix C. A number of photos are presented in Appendix D. 3.2.1 Improved Grassland

The agricultural fields that form the vast majority of the site comprises of improved grassland. This habitat type has low species diversity consisting of a few high yielding species such as perennial ryegrass Lolium perenne and white clover Trifolium repens, with a few other species in places including cocks-foot Dactylis glomerata and black bent-grass Agrostis gigantean. Soft rush Juncus effusus is present in small quantities to the north of the site where the improved grassland becomes slightly wetter. At the time of surveying a short sward was present following a recent hay cut. 3.2.2 Marshy Grassland

A small area of marshy grassland is present in the northwest corner of the site where the ground is waterlogged. This area is small in size, with some similar species to the adjacent improved grassland and tall ruderal habitats, but an abundance of soft rush, tufted hair-grass Deschampsia cespitosa and creeping buttercup Ranunculus repens are present owing to the wetter ground conditions. 3.2.3 Species-poor Hedgerow

Species-poor hedgerow is present around some of the site boundaries and dividing up the agricultural fields. Hedgerow present along the north-eastern and eastern boundaries of the site is mostly intact and continuous. This hedgerow consists mainly of hawthorn Crataegus monogyna, with a few other occasional species including elder Sambucus nigra and dog rose Rosa canina. Blackthorn Prunus spinosa replaces hawthorn as the dominant species in short sections which appear to have been replanted at some point. Hedgerows present to the western boundary and separating fields are mostly defunct with large gaps. The species composition of these is similar to the intact hedgerows on site, consisting mainly of hawthorn. 3.2.4 Tall Ruderal Vegetation

A stand of tall ruderal vegetation is present along the northern boundary of the site, with two smaller stands present at the south-eastern corner. Narrow strips of tall ruderal vegetation and rank grasses are present along the sides of hedgerows, and amongst the defunct sections of hedgerow. The stand along the northern boundary has the highest species diversity comprising of nettles Urtica dioica, hogweed Heracleum sphondylium, brambles Rubus fruticosus agg., creeping thistle Cirsium arvense, cow parsley Anthriscus sylvestris, white dead nettle Lamium album, field bindweed Convolvulus arvensis and broad-leaved dock Rumex obtusifolius. A number of taller grass species are also present including false oat-grass Arrhenatherum elatius, common couch Elymus repens, cocks-foot, and timothy Phleum pratense ssp. Stands of tall ruderal vegetation elsewhere on site consist of similar species but with lower species diversity, and rosebay willowherb Chamerion angustifolium is often present.

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3.2.5

Mixed Plantation Woodland

A narrow (<10m) strip of mixed plantation woodland covering a tiny proportion of the site intrudes approximately 20m in to the site from the of-site shelter belt bordering the site to the south. Trees appear to be less than 20 years old, with species including Scots pine Pinus sylvatica, Sycamore Acer pseudoplatanus, ash Fraxinus excelsior, silver birch Betula pendula, hawthorn and dog rose. The woodland appears not to have been thinned, and ground flora is limited in its diversity with species including brambles, wood avens Geum urbanum, herb Robert Geranium robertianum, dandelion and false oat-grass. 3.2.6 Individual Broad-leaved Trees

Two large semi-mature ash trees are present at the southeast corner of the site (see Target Notes 3 and 4). One of these trees (Target Note 3) had a large cavity in the trunk where a large limb had fallen, and this offers a potential roosting opportunity for bats. The second tree (Target Note 4) has some smaller holes where minor limbs have fallen, and these offer some reduced potential for roosting bats.

3.3
3.3.1

Fauna
Birds

A number of bird species were observed during the survey including blackbird Turdus merula, great tit Parus major, goldfinch Carduelis carduelis, house sparrow Passer domesticus and woodpigeon Columba palumbus. The hedgerows and some of the trees provide suitable nesting habitat for a range of passerine bird species including those mentioned above. A buzzard Buteo buteo was heard calling nearby the site. 3.3.2 Badger

No evidence of badger was recorded on site such as footprints, snuffle holes, latrines or setts. A search was conducted within 50m surrounding the site where access was possible, but no badger signs were found. Only very small, insignificant amounts of potential badger foraging habitat are present on the site. 3.3.3 Reptiles

No evidence was found of reptiles using the site at the time of survey (such as sloughs). Habitats on site were found to be poorly suited to reptile species, with a lack habitat features such as basking spots. 3.3.4 Great Crested Newts

No habitats such as ponds or wet ditches are present on-site which may support great crested newt (GCN) breeding. Terrestrial habitats suitable for GCN foraging, resting and hibernation are extremely limited in their quality and extent. A small area (~0.1ha) of tall ruderal vegetation and marshy grassland in the north west of the site has some limited foraging potential. Hedgerows around the boundaries of the site may provide movement corridors with some limited potential for foraging and for hibernation amongst the root systems. However, these corridors are typically narrow as there is little in the way of a margin between these and adjacent arable fields, and many of the hedgerows are gappy and fragmented. The tiny (0.011 ha) area of mixed plantation woodland in the south of the site is immature and lacks features of use by GCNs such as a developed ground flora and leaf litter layer, fallen timber and suitably developed tree rootstocks to provide hibernation sites. As such, this habitat has very limited potential for foraging and no hibernation value. The remainder of the site
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comprises manly of arable fields which, given the short sward and usage, are of negligible value to GCNs. 3.3.5 Other Species of Interest

Occasional fox Vulpes vulpes signs were found on site including scat and footprints.

4.0
4.1

Great Crested Newt (GCN) Risk Assessment

Introduction

Although GCNs utilise waterbodies for breeding they spend much of their lives on land. Adults breed in ponds during the spring and then emerge onto land, spending the summer resting, foraging and dispersing before hibernating through the winter. Terrestrial habitat must provide permanent areas of refuge habitat for shelter, daytime refuges and foraging and dispersal opportunities. For hibernation, newts seek out a location that affords them protection from winter conditions and exploit existing opportunities within the landscape such as log piles, disused mammal burrows or cracks in the ground, rather than excavating their own sites. Great crested newts have been known to travel just over 1km from their breeding pond. While such occasional long distance movements are important in the long term, the vast majority of animals are found within a few hundred metres of the breeding pond (Natural England, 2011). As well as protecting individual GCNs the underpinning legislation (see Section 4.2) protects their places of shelter or rest as well as breeding sites. Therefore protection extends to both the terrestrial and aquatic habitats that are utilised. The proposed development site lies approximately 300m south of Elamentis Local Wildlife Site, and approximately 50m to the north east of Eliffs Mill Local Wildlife Site which is designated for great crested newts. Figure 4.1 shows the location of these sites. Due to the proximity of these wildlife sites to the proposed development site a risk assessment has been carried out to: ensure that the risk of a European protected species offence to be committed is identified appropriately; identify if a European protected species mitigation licence is required from Natural England; and identify suitably protective measures for both newts and their breeding/resting places, during the construction of the proposed development.

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Figure 4.1 Sites with Known or Historical Populations of Great Crested Newt

4.2

Legislation

GCNs are listed on Schedule 5 of the Wildlife and Countryside 1981 Act (amended by the Countryside and Rights of Way Act 2000), and is therefore subject to the provisions of Section 9, which make it an offence to:

intentionally kill, injure or take a great crested newt; intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection by a great crested newt; or intentionally or recklessly disturb a great crested newt while it is occupying a structure or place which it uses for that purpose.

These regulations update and consolidate previous regulations which transpose Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) into English and Welsh law. GCNs are a European protected species and under Regulation 41 it is an offence to:

deliberately capture, injure or kill a great crested newt; deliberately disturb a great crested newt; deliberately take or destroy the eggs of a great crested newt; or damage or destroy a breeding site or resting place of a great crested newt.

The legislation applies to all life stages of great crested newts.

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It is possible to apply for a licence from Natural England to permit otherwise unlawful activities; these can only be granted for certain purposes. In order to obtain a license to allow the capture of newts, destruction of breeding sites, etc, in advance of any otherwise legitimate development which further impacts on the status of great crested newts, it has to be clearly demonstrated that the damage will be adequately mitigated. Current Natural England advice is that there should be no net loss in local great crested newt status (including factors such as population size, viability and connectivity). If it is unavoidable that development will affect these factors, the mitigation should aim to maintain a population of equivalent status on or near the original site, and should address links to adjacent (indirectly affected) populations where present. A licence can only be granted if the following tests can be met: The consented operation must be for 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; There must be no satisfactory alternative; and The action authorised will not be detrimental to the maintenance of the population of the species concerned at a favorable conservation status in their range Biodiversity Action Plans

4.2.1

GCNs are 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 re-colonisation. The Tees Valley BAP includes a species action plan for GCNs with the healthy population around Eaglescliffe specifically noted. 4.3.1 4.3.1 Baseline Information Known GCN Sites and Records

The proposed development site lies approximately 300m south of Elementis Local Wildlife Site (also known as the Admiralry Ecology Park), which supports great crested newt populations. This large nature reserve contains excellent terrestrial habitat for this species with plenty of foraging and hibernating opportunities in close proximity to breeding ponds located in the north eastern part of the reserve. These ponds are over 900m in a straight line from the proposed development site. Approximately 50m to the south west of the proposed development site lies Eliffs Mill Local Wildlife Site which has historically supports great crested newts1. This site also contains excellent terrestrial habitat with good hibernation opportunities present within the site. Figure 4.1 shows the location of these sites. 4.3.2 On-Site Terrestrial Habitats

Section 3.3.4 sets out the suitability of the habitats currently present on the site for GCNs. Exceptionally limited potential for GCNs to utilise the site is available due to the dominant improved grassland habitat which is unsuitable for this species. Some less than ideal habitat is available at the periphery of the site. 5.3.2 Habitat Connectivity

The Elementis site contains excellent GCN habitat within its boundary which extends to over 1km to the south west of the on-site ponds. However, immediately between the ponds and the
1

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proposed development site lies the extensive landholding of the former Elementis Chromium site. A minor road and a railway line are also present between the pond and the proposed development site and the shortest distance from the known breeding pond to the site using optimal habitat is over 1km. The Ellifs Mill site is located, in part, directly opposite the proposed development site across the A67. This is road is considered to be a major barrier to migration with excellent terrestrial habitat located within and immediately adjacent to the site itself. There are no other ponds within 250m of the Ellifs Mill site that GCNs would utilise, or any preferable areas for hibernation, that would necessitate movement on to, or through, the proposed development site. 4.4 Site Specific Risk Assessment

Whilst the Elementis wildlife site contains known GCN populations the breeding ponds are 900m from the proposed development site. The presence of a minor road and former industrial site prevent direct habitat connectivity. With no pond or wet ditches present on the proposed development site and with extremely limited foraging, commuting and hibernating opportunities present it is considered unlikely that GCNs arising from the Elementis ponds would utilise the site as part of their terrestrial habitat or movement between ponds. The Ellifs Mill site is much closer and a number of factors affecting the presence, behaviour and ability for GCNs to be affected by the proposed development are set out in the table below. Table 4.1
Factor Presence of within 500m On Site Habitats GCNs

Site Specific Factors Affecting GCN Presence

Comments Confirmed breeding pond 50m to the south and over 1km to the north. No publically available GCN records since 1993 at this site. There are no ponds or wet ditches present on the site with the vast majority of the site being unsuitable for GCNs with some very limited opportunities for commuting (hedgerows) and foraging within peripheral habitats. The 0.011ha of mixed plantation woodland near the southern boundary is immature and lacks features of use by GCNs such as a developed ground flora and leaf litter layer, fallen timber and suitably developed tree rootstocks to provide hibernation sites. Preferable habitats for foraging and hibernation are present within the Ellifs Mill site and are also extensively located further to the east and west (south of the A67) where woodland, scrub and allotments are present. Whilst the Ellifs Mill ponds are only 50m away from the edge of the proposed development site the A67 forms a barrier to movement and dispersal on to the site from the population located to the south.

Terrestrial

Offsite Habitats

Terrestrial

Habitat Connectivity

Taking account of: (i) the vastly sub-optimal on-site habitat with no on-site ponds and lack of hibernation sites; (ii) the presence of the A67 forming a barrier to movement from the Ellifs Mill site; (iii) highly preferable terrestrial foraging habitat and hibernation opportunities directly surrounding the Ellifs Mill pond and extending to the east and west (ie not towards the development site); and (iv) lack of ponds within 500m of Ellifs Mill that would necessitate movement through the site

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it is considered that GCNs are unlikely to be present on the proposed development site and no offences under the protective legislation can reasonably be expected. Therefore detailed mitigation under licence is not considered necessary. A non-licensed mitigation approach is therefore proposed using a number of best practice techniques to reduce risk to the lowest practicable level and providing a suitable level of protection for GCNs. Appendix E provides a method statement to assist in minimising the potential impacts of construction operations on GCNs and their hibernacula.

5.0

Site Evaluation

The improved grassland habitat on site is regarded as being of low value owing to its limited range of species and their dominance, the level of nutrient enrichment influencing the fauna, and a lack of discernable field margins. As such the habitat is limited in its value both botanically and in terms of providing habitat for birds, mammals and invertebrate species (including BAP species). Hedgerows are included as a priority habitat within the Tees Valley BAP2, which includes both intact and very gappy hedgerows, recognising their value as landscape features and in providing food and shelter for a range of wildlife. Hedgerows are relatively extensive on site, and are present along the majority of the sites boundaries. Although relatively species poor, they do comprise of native shrub species, and the tall ruderal vegetation growing along their edges and amongst gappy sections helps to create moderately diverse corridors of habitats. The hedgerows on site are regarded as being of moderate value. Continuous sections of hedgerow along the north-eastern and eastern boundaries are in reasonable conditions, and there is potential for restoring the gappy hedgerows else where on site. The tiny area of mixed plantation woodland is limited in its structural and botanical diversity, and is unmanaged, and can be regarded as being of low value. Habitats such as the small area of marshy grassland, and the more diverse section of tall ruderal vegetation to the north, add additional diversity to the site, but these habitats typically of low to moderate value owing to their lack of extent and common and widespread species present. No evidence of protected or notable/BAP species was identified on the site and the great crested newt risk assessment identifies that a non-licensable method statement approach would provide an appropriate level of protection for this species.

6.0
6.1

Recommendations
Retention of Hedgerows

Although hedgerows are not afforded legal protection, this habitat type is afforded policy protection through its inclusion as a priority habitat in the Local BAP and identified under Section 41 of the NERC Act making it a material consideration in the planning system under PPS9. As such, efforts should be made to retain hedgerows during the sites development where possible, especially where these are intact or could be readily restored. Any removal of hedgerows should be offset by enhancement elsewhere (see Section 6.6.3).

No other habitats were identified on site which are included in either the National or Local Biodiversity Action Plans.
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6.2

Mature Trees

If safe to do so the two mature ash trees located at the southeast of the site (see Target Notes 3 and 4) should be retained due to their size and age. Both of these trees have some features that may have potential for roosting bats. One of the trees in particular (Target Note 3) has a large cavity in the trunk created where a limb has fallen. If either of these trees require pruning of felling, cavities which may be suitable for roosting bats should be inspected by a suitably qualified ecologist using an endoscope to check for signs of bat presence in advance of any such work.

6.3

Protected and Notable Species

No evidence of any protected or notable species on site was identified. As a precautionary measure generic mitigation during the construction phase to ensure wildlife is suitably protected should be implemented including: Leaving escape planks in any excavations greater than 1m deep overnight; and Ensuring safe storage of materials, chemicals, oils and equipment within safety fencing to prevent accidental harm to foraging badgers and other such wildlife.

6.4

Breeding Birds

Some of the habitats present on site (namely the hedgerows, mixed plantation woodland and some areas of tall ruderal vegetation and tall grasses) have potential to support a range of breeding birds. If there are plans to remove any of these habitats, clearance works should avoid the breeding bird season (March until mid August). If it is necessary to conduct clearance works during the breeding bird season a breeding bird check should be carried out by a suitably qualified ecologist within 7 days of clearance work commencing. Efforts should be made to retain breeding bird habitat where possible.

6.5

Great Crested Newts

Appendix E identifies a number of working practices to ensure that the construction phase takes full account of great crested newts. If any great crested newts are identified during the construction phase then work should cease immediately around the area and advice from a suitably qualified ecologist should be sought.

6.6

Ecological Enhancement

Under Planning Policy Statement 9 (PPS9) there is the requirement that the development should have a positive effect on the biodiversity of an area and a number of ecological enhancement recommendations are set out below. 6.6.1 Space for Wildlife

Space for wildlife should be incorporated into the development where possible. Habitat connectivity is important to encourage colonisation of new any habitats by wildlife, and ensuring that species are able to move between areas of habitat surrounding the site. Habitat connectivity can be achieved through the creation of areas of green space such as trees, shrubs and wildflower planting, or the use of hedgerows along property boundaries. Retention of the on-site hedgerows should be considered within any site masterplan in order to promote habitat connectivity. Any landscape planting should consist of native species of trees, shrubs and plants. The creation of a wildlife pond can provide habitat and foraging opportunities for a wide range of aquatic and terrestrial species. Such a pond is ideally located in the north west of the site on/near the area of marshy grassland and in proximity to existing hedgerows linking to the wider
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environment. A pond feature further in to the development, or nearer the southern site boundary, may increase the risk of great crested newts attempting to reach the pond across onsite road systems and should be avoided. The pond should take in to account design guidance set out in Baker et al (2011). 6.6.2 Woodland Management

The mixed plantation woodland at the southern boundary of the site currently lacks a diversity of ground flora. If this habitat can be retained within the development, the planting of additional native species will help to improve the diversity and value of the woodland habitat. Suitable native species include common dog violet Viola riviniana, wood cranes-bill Geranium sylvaticum, wood speedwell Veronica montana, wood vetch Vicia sylvatica and wood stitchwort Stellaria nemorum. It is recommended that a planting plan is drawn up and implemented as part of the sites masterplan and to help obtain credits under the Code for Sustainable Homes. The woodland would benefit from appropriate woodland management, such as routine thinning. Brash and timber from pruning and thinning operations should be stacked and left in-situ to provide refuges for a wide variety of invertebrate and amphibian species. 6.6.3 Installation of Bat and Bird Boxes

Bat and bird boxes can provide roosting and nesting opportunities for a range of species. Many products are available to incorporate bat and bird roosting opportunities in to new buildings. Products such as EcoSurv Bat Bricks, Ibstock Swift Box and Schwegler Sparrow Terrace 1SP bricks can all be incorporated into walls as permanent features. Certain bird boxes can be incorporated into hedgerows and fitted to trees to provide secure nesting opportunities. Schwegler 1N Deep Nest Boxes are suitable for a range of bird species likely to be found in the area, including robins (Erithacus rubecula), tits (Parus sp.), and sparrows (Passer sp.). The depth of the box provides protection against predators such as magpies (Pica pica) which are likely to be common in the area. Schwegler 2F Bat Boxes provide roosting opportunities for a range of bat species and are suitable for mounting to trees. Grouping 3 bat boxes around a tree facing different aspects provides the roosts with variation in temperatures increasing the likelihood they will be utilised. 6.6.4 Restoration of Hedgerows

As per section 6.1, hedgerows should be retained within the sites development where possible. Several sections of hedgerow on site are gappy and defunct. The continuity of these sections of hedgerow can be restored by planting native hedgerow species within the gaps. Using a range of native species will also help to increase the hedgerows diversify, and a suitable species mix could include a mixture of 70% hawthorn (Crataegus monogyna), 20% blackthorn (Prunus spinosa) and a 10% mix of crab apple (Malus sylvestris), dog rose (Rosa canina), field maple (Acer campestre), guelder rose (Viburnum opulus) and hazel (Corylus avellana). The hedgerows should be managed sensitively to promote wildlife.

7.0

References

Baker, J., Beebee T., Buckley, J., Gent, A. and Orchard, D. (2011). Amphibian Habitat Management Handbook. Amphibian and Reptile Conservation, Bournemouth. Institute of Environmental Management and Assessment (IEMA). (1995). Guidelines for Baseline Ecological Assessment. JNCC (2007). Handbook for Phase 1 Habitat Survey: A Technique for Environmental Audit. JNCC. Peterborough. Natural England. (2011). Standing Advice Species Sheet: Great crested newts
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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.

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Appendix A Species Specific Legislation and Survey Methodologies

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 England3 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: 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.

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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.

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 breeding, and the location of any evidence is recorded. Evidence of breeding includes the presence to nests and adult birds alarm calling around probable nest sites.

Reptiles

Protective Legislation The four widespread species of reptile (common lizard, slow-worm, grass snake and adder) receive partial protection under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) in respect of Section 9(5). It is an offence to intentionally kill, injure, sell, or to advertise for sale, any of these species without an appropriate licence. Further enforcement has been provided by The Countryside and Rights of Way Act 2000. Survey Methodology Suitable habitats are checked for evidence of reptiles including direct sightings and basking spots and sloughs (shed skins). Suitable refugia are carefully searched where appropriate.

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Appendix B Records of Statutory and Non-Statutory Sites and Protected Species Within 2km of the Site

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Appendix C Phase 1 Survey Target Notes

Number 1 2 3 4 5 Note Soft rush growing around more water logged edges of improved grassland Fox scat on ridge in gap between hedgerow Large semi-mature ash tree, diameter at breast height approximately 0.75m, large cavity in trunk where a branch has fallen Large semi-mature ash tree, similar size to above, some small holes in trunk where smaller branches have fallen Flock of house sparrows in tall hedgerow on opposite side of the road to site

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Appendix D Photographs
Photo 1: Improved grassland field Photo 2: Tall ruderal vegetation and tall grasses at northern boundary

Photo 3: Defunct hedgerow across centre of site

Photo 4: Cavity in mature ash tree where limb has fallen (see Target Note 3)

Photo 5: Strip of mixed plantation woodland at southern boundary of site

Photo 6: Continuous species-poor hedgerow at north-eastern edge of site

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Appendix E Great Crested Newt Method Statement

Ref A Activity Pre start up checks Method and Rationale A walkover checking survey of the site, with particular emphasis on the sites southern boundary features should be undertaken by a suitably qualified ecologist to ensure that any potential habitat that could be utilised by GCNs remains free from any form of potential amphibian refugia. Any such structures should be carefully removed by hand by the ecologist. A site note should be forwarded to the construction team once it is clear to proceed or work stopped and advice taken if great crested newts are identified. The site construction team should be provided with a talk on amphibian identification and recognition and provided with contact details if any are located on site during the course of works. The toolbox talk should also detail the working method set out in this method statement. Storage of rubble, spoil or other loose materials will be avoided within 10m of the plantation woodland located along the sites southern boundary as far as practicable. Any storage within this distance will be on pallets or in skips to ensure no sheltering/hibernation opportunities are provided. Storage into such areas should be undertaken before the hours of darkness. Vegetation clearance within 10m of the southern boundary will preferably be undertaken during April to September, well outside of the hibernation season. If this is not possible a search of all areas to be cleared will be undertaken by an appropriately licenced and experienced ecologist immediately in advance of any such operations. Habitats between storage areas and the southern boundary will be kept in a sub-optimal condition for GCNs with any vegetation being regularly mowed and kept free from sheltering/hibernation opportunities (eg piles of rubble, materials, cuttings etc). If during the course of works any newt species is observed on, or near, the construction site works should cease immediately in the immediate area of the sighting and the advice of a suitably qualified ecologist should be sought. Great crested newts are not the only possible species of newt distributed in the area. Both smooth Triturus vulgaris and palmate Triturus helveticus newt may be also present. However, it is only the great crested newt which receives legal protection. It is imperative that the
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Responsibility Ecologist with Natural England licence valid GCN

Tool box talk

Ecologist with Natural England licence

valid GCN

Storage of loose materials

Site Supervisor

Vegetation Clearance

Site Supervisor

Vegetation Maintenance

Site Supervisor

Identification

Site Supervisor

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Ref

Activity

Method and Rationale identification of any species present is clarified by a suitably qualified ecologist and a relevant course of action followed.

Responsibility

Works hedgerows

to

Any removal of hedgerows should be undertaken under the supervision of a suitably qualified ecologist/ amphibian worker undertaking fingertip searches. A buffer of at least 3m will be maintained when breaking ground/constructing adjacent to any hedgerows. An ecological clerk of works (ECoW) will be appointed to monitor, at suitable intervals, compliance with this method statement during the course of construction. The ECoW will provide verbal feedback to the site supervisor before leaving site and any remedial actions will be detailed in a site visit report and issued to the client.

Ecologist with Natural England licence Site Supervisor

valid GCN

Construction hedgerows Monitoring

near

Client and EcOW

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