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LLOYDBORE LTD 33 ST GEORGE’S PLACE CANTERBURY KENT, CT1 1UT Tel: 01227 464340 Fax: 01227 464341 [email protected] www.lloydbore.co.uk DRAFT PHASE I HABITAT AND ECOLOGICAL SCOPING SURVEY EYE AIRFIELD EYE, SUFFOLK MID SUFFOLK DISTRICT COUNCIL 2162 / 03 REF. NO. OCTOBER 2011 AUTHOR: AMY WRIGHT REVIEWED & APPROVED BY: NICK TARDIVEL REVISIONS: -

draft Phase I habItat and ecologIcal scoPIng survey

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Page 1: draft Phase I habItat and ecologIcal scoPIng survey

LLOYDBORE LTD33 ST GEORGE’S PLACE

CANTERBURYKENT, CT1 1UT

Tel: 01227 464340Fax: 01227 464341

[email protected]

d r a f t P h a s e I h a b I tat a n d e c o l o g I c a l s c o P I n g s u r v e y

EYE AiRFiELD

EYE, SUFFOLK

MiD SUFFOLK DiSTRiCT COUNCiL

2162 / 03R E F. N O .

O C T O B E R 2 0 1 1

A U T h O R : A M Y w R i G h T R E v i E w E D & A P P R O v E D B Y: N i C K TA R D i v E L

REviSiONS:-

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1

contents

executIve summary

1. IntroductIon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2. sIte locatIon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

3. sIte Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

4. PhotograPhs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

5. the survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

6. sIte locatIon and descrIPtIon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

7. Phase 1 habItat Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

8. Phase 1 habItat survey: legend and target notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

9. PotentIal conservatIon Interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12flora � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 12birds � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 13mammals � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 14bats � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 14badger � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 15Reptiles � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 15great crested newt � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 16Invertebrates � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 17UK and suffolk Biodiversity Action Plan Habitats � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 17Other considerations � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 18

10. summary and recommendatIon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19great crested newt � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 19Reptiles � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 19bats � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 19Invertebrates � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 20Nesting birds � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 20badgers � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 20

11. references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

12. APPeNdix 1 - PROTeCTed SPeCieS LeGiSLATiON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Birds of Conservation Concern � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � Red data Species � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

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2

executIve summary

S.1 A Phase 1 Scoping Survey was undertaken on land within and surrounding Eye Airfied, Eye, Suffolk in September 2011�

S.2 On the basis of the survey work it is recommended that further survey work in respect of great crested newts, bats, reptiles nesting birds and invertebrates is undertaken. Mitigation for these species may be required prior to the start of development works.

S.3 Provision for precautionary mitigation before and during development works is also recommended to take into account the potential presence of badger and BAP species such as brown hare.

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IntroductIon | 3

1. IntroductIon

1.1 This report details an ecology and Phase 1 Habitat survey in respect of future development of land within and surrounding Eye Airfield, Eye, Suffolk.

1.2 The survey site is situated to the north-west of the village of Eye and north-east of the village of Yaxley, Suffolk and covers approximately 250ha of land, which comprises a disused airfield, large areas of agricultural land and industrial units. Also within the site are mature trees, native species scrub hedgerows and 10 identified water-bodies.

1.3 The existing location and layout of the site are shown in Sections 2 and 3. Photographs are included in Section 4� A Phase 1 habitat diagram is shown in Section 7�

1.4 Mid-Suffolk District Council requested an assessment of the site to determine potential nature conservation interests�

1.5 This survey was undertaken to assess the presence and potential presence of species given protected status under current legislation. These species are listed in schedules of the Conservation of Habitats and Species (Amendment) Regulations 2010 (SI 2010/490). Also assessed were species of principal importance for biodiversity conservation listed in Section 74(2) of the Countryside and Rights of Way Act 2000 and Section 41 of the Natural Environment and Rural Communities Act 2006, and birds on the red and amber lists of birds of conservation concern (Appendix 1).

1.6 The survey findings are detailed in this report with consideration given to possible impacts of the proposed development on nature conservation interests of the site, in accordance with information relevant to Planning Policy Statement 9 (Biodiversity and Geological Conservation).

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sIte locatIon | 4

2. sIte locatIon

Grid reference TM 134 749 (centre of site)

Site location

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sIte Plan | 5

3. sIte Plan

1:5000 at A2

This map is based upon Ordnance Survey materialwith the permission of Ordnance Survey on behalfof the Controller of Her Majesty's StationeryOffice © Crown copyright. Unauthorisedreproduction infringes Crown copyright and maylead to prosecution or civil proceedings.Suffolk County Council Licence No. 100023395 2011

Lucy Robinson. Director of Economy, Skills & Environment.Endeavour House, 8 Russell Road, Ipswich, Suffolk. IP1 2BX.

Scale:

Public rights of way across Eye AirfieldPublic footpathByway subject to TRO

8

8

7

8

8

15

9

39 39

13

13

41

41

43

14

15

15

37

BROME

THRANDESTON

YAXLEY

EYE

151515

15

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PhotograPhs | 6

4. PhotograPhs

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the survey | 7

5. the survey

Site: Eye Airfield,

Eye,

Suffolk.

Grid Reference: TM 134 749 (centre of site)

Date of Survey: 27 September 2011

Survey Requested By: Mid Suffolk District Council

Surveyor: Amy Wright BSc (Hons) MSc AIEEM

Purpose of Survey: To assess potential nature conservation interests

Time on Site: 11:30 – 16:30

Weather: ~ 20°C, warm, light breeze, cloud cover 2/8.

Survey Method:

Daytime inspection of the accessible parts of the site Including:

- areas of vegetation

- buildings and structures

• To identify areas with potential nature conservation interests

• To look for signs of protected species including

- droppings / latrine sites

- resting / roosting sites

- footprints / tracks

- signs of feeding

The Phase I Habitat survey and plan is based upon that set out within the Handbook for Phase 1 habitat survey, a technique for environmental audit: The Joint Nature Conservation Committee, 2003�

Limitations:

This assessment did not include detailed surveys for protected species. The assessment was made to determine the potential for the presence of protected species based on the character and nature of the site, its current use and location. Generally a site inspection made during September should provide an opportunity to make a reasonably complete assessment of the likely presence of protected species.

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sIte locatIon and descrIPtIon | 8

6. sIte locatIon and descrIPtIon

6.1 The survey site is situated to the north-west of the village of Eye and north-east of the village of Yaxely, Suffolk. The A140 bounds the west of the site and runs north-east to south-west and the B1077, Victoria Hill Road runs along the eastern boundary of the site north to south-east.

6.2 The surrounding area is dominated by large plots of arable farmland with associated boundary hedgerows, improved grassland, farm buildings and a number of large reservoirs.

6.3 There are no large towns or cities within proximity to the survey area and built areas mostly comprise pockets of residential housing and amenities including the villages Eye, Yaxley and Diss.

6.4 There are small areas of woodland within 2km of the survey area, the closest of which lies approximately 1km south-east of the survey site.

6.5 The survey site covers approximately 250ha of land, which comprises a disused airfield, large areas of agricultural land and industrial units. There are small areas of mature trees and native species hedgerows associated with field boundaries and industrial parks and 10 identified water-bodies�

Designated Sites

There are no significant areas designated as having conservation interest within 3km of the site.

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Phase 1 habItat Plan | 9

7. Phase 1 habItat Plan

1:5000 at A2

This map is based upon Ordnance Survey materialwith the permission of Ordnance Survey on behalfof the Controller of Her Majesty's StationeryOffice © Crown copyright. Unauthorisedreproduction infringes Crown copyright and maylead to prosecution or civil proceedings.Suffolk County Council Licence No. 100023395 2011

Lucy Robinson. Director of Economy, Skills & Environment.Endeavour House, 8 Russell Road, Ipswich, Suffolk. IP1 2BX.

Scale:

Public rights of way across Eye AirfieldPublic footpathByway subject to TRO

8

8

7

8

8

15

9

39 39

13

13

41

41

43

14

15

15

37

BROME

THRANDESTON

YAXLEY

EYE

151515

15

SI

A

A

A

A

A

A

A

A

AA

A

A

SI SI

SI

I

A

A

A

A

A

A

A

A

A

A

A

TN3

TN8

TN10

TN11

TN4

TN6

TN7

TN9

TN5

TN2

TN1

TN12

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Phase 1 habItat survey: legend and target notes | 10

A

SI

8. Phase 1 habItat survey: legend and target notes

8.1 Agricultural fields comprise approximately half the survey area and are predominantly situated to the south of the site. At the time of survey the majority of fields had already been cropped and were in the process of being ploughed. Crops included sweet corn, cereal and kale.

8.2 Field boundary vegetation includes:

• Mixed native species hedgerows comprising species such as hawthorn, bramble, holly, and elder�

• Strips of semi improved rough grassland.

• Sections of tree belts, including oak, ash, poplar, willow, field maple and elm.

8.3 The majority of the industrial area comprised relatively modern industrial units with associated hardstanding and amenity grassland with ornamental borders. However, within the industrial park to the east of the site, and particularly the south-east of this, there are patches of mature trees, hedgerows, scrub and rough grassland.

8.4 Throughout the site there are relatively small, but nonetheless significant, patches of semi-improved and improved rough grassland�

8.5 Below are the target notes relating to the Phase 1 Habitat Survey. See the associated Phase 1 Habitat Plan, Section 7

• TN1 - Mixed native species hedgerow including hawthorn (Crataegus monogyna), elder (Sambucus nigra), elm (Ulmus spp.), ash (Fraxinus excelsior) and holly (Ilex aquifolium). Trees comprise black poplar (Populus nigra), oak (Quercus robur), sycamore (Acer pseudoplantanus) and walnut (Juglans regia).

• TN2 - Mixed native species hedgerow including bramble (Rubus fruticosus), hawthorn, apple (Malus spp.), elm, ivy (Hedera helix), ash and silver birch (Betula pendula).

• TN3 - Accumulation of logs and tree stumps approximately 3m high and 25m in length. Grown over with ruderal vegetation including bramble, common nettle (Urtica dioica), bristly oxtongue (Picris echioides), creeping thistle (Cirsium arvense), hawkbit (Leontodon autumnalis) and dandelion (Taraxacum agg.).

C.1 Tall ruderal

J.2 Amenity grasslandA

A.1.2 Scattered scrub

G.1 Standing open water

B.2.2 Semi-improved neutral grassland

A.1.3.1 Woodland and scrub: semi natural

J.1 Arable

J2.3.1 Boundaries: hedge and trees: native species rich

J.3.6 Buildings

Individual trees

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Phase 1 habItat survey: legend and target notes | 11

• TN4 -Accumulation of hardcore and concrete rubble with ruderal species colonising�

• TN5 - Recently flail mown ruderal vegetation.

• TN6 - Scrub surrounding plot comprises dense bramble, rosa spp. and buddleia (Buddleia davidii).

• TN7 - Recent earthworks for the construction of a car park with gravel surfacing and ruderal growth�

• TN8 - Woodland area predominantly ash, with some oak. Some rough grassland and a wet ditch�

• TN9 - Trees comprise recently topped poplar.

• TN10 - Spoil heap approximately 5m high. Single grazing horse.

• TN 11 - Large mature oak tree.

• TN 12 - Large reservoir. It is understood that this does not hold water and is used for agricultural slurry�

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PotentIal conservatIon Interests | 12

9. PotentIal conservatIon Interests

Flora

9.1 Under the Wildlife and Countryside Act (WCA) 1981 as amended by the Countryside and Rights of Way Act 2000, it is an offence, with certain exceptions, to intentionally pick, uproot or destroy any wild plant listed in Schedule 8 of the Act or if not an authorised person, to intentionally uproot any wild plant not included in that Schedule. A small number of the listed plants also receive protection under the Conservation of Habitats and Species (Amendment) Regulations 2010 (SI 2010/490).

9.2 Data obtained from the Suffolk Biological Records Centre (SBRC) contain the known records for protected and Biodiversity Action Plan (BAP) species, within 2km of the survey site. There are no records of species protected under Schedule 8 of the Wildlife and Countryside Act.

9.3 There are 14 species of flowering plant recorded in the data from SBRC, most of which have specialists habitat requirements unlikely to be found on site. For example wild pansy (Viola tricola), dwarf spruge (Euphorbia exigua), dropwort (Filipendula vulgaris) and greater butterfly orchid (Platanthera chlorantha) favour calcareous grassland and scrub, whilst Jacob’s-ladder (Polemonium caeruleum) favours grassy slopes on limestone.

9.4 However, spreading hedge-parsley (Torilis arvensis) and broad-leaved spurge (Euphorbia platyphyllos) are found on arable land, whilst cat mint (Nepeta cataria) can be found in hedgerows and on disturbed ground. The possibility of these species on site cannot be ruled out. The habitat most suitable for these species is largely restricted to the field boundaries. It is considered that the retention of some areas of rough grassland, especially that along hedgerows and field boundaries of the site will be of benefit to these species, if present.

9.5 The majority of the habitat on site comprises arable land, supporting monocultures of highly managed crop, including cereal and kale. Although there is potential for species of interest around the field boundaries, in general, the diversity associated with this habitat is low. Species found around the field boundaries include bristly ox-tongue (Picris echiodies), dandelion (Taraxacum agg.), common nettle (Urtica dioica) and red bartsia (Odontites vernus).

9.6 The areas of amenity grassland are regularly mown, significantly reducing the floristic interest. Species associated with this habitat include rye grass (Lolium perenne), white clover (Trifolium repens), daisy (Bellis perennis) and creeping buttercup (Ranunculus repens). The grassland referred to as semi-improved supports a more diverse array of species, including Yorkshire fog (Holcus lanatus), cock’s-foot grass (Dactylus glomerata) and thistle (Cirsium spp.).

9.7 The hedgerows and tree lines on site support a variety of shrubs, including hawthorn (Crataegus monogyna), elder (Sambucus nigra), elm (Ulmus spp.), ash (Fraxinus excelsior), bramble (Rubus fruticosus agg.) and holly (Ilex aquifolium). The herbaceous cover below the hedgerows and in the shaded areas of the site includes cleavers (Galium aperine), ivy (Hedera helix), common nettle and ground ivy (Glechoma hederacea).

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9.8 Overall, the species recorded within the survey site are common and widespread and it is considered that the development of the site is unlikely to be of significance in respect of botanical interests within the locality. However, the variety of habitat types within the site increases the overall diversity, and the mature trees have intrinsic value for wildlife including invertebrates, small mammals and birds. These features should be taken into account during planning stages of the project as the proposals offer the opportunity to enhance the site for biodiversity.

Birds

All wild birds, their nests and eggs are protected under the Wildlife and Countryside Act 1981 (WCA) as amended by the Countryside and Rights of Way Act 2000 and it is an offence, with certain exceptions, to intentionally:

• Kill, injure or take any wild bird.

• Take, damage or destroy the nest of any wild bird whilst it is in use or being built.

• Take or destroy the egg of any wild bird.

9.9 Data obtained from SBRC include the known records for 24 species of birds within 3km of the survey site. There are records for 2 species listed on Schedule 1 of the Wildlife and Countryside Act, 1981: Barn Owl and kindfisher. Skylark, a BoCC 1Red listed species has been recorded within the survey area�

9.10 During the survey the following bird species were observed or heard; grey partridge (Red listed), blackbird, great spotted woodpecker, green woodpecker, herring gull, lesser black-backed gull and starling�

9.11 The buildings within the site are, generally, suboptimal for nesting birds, comprising relatively modern industrial structures, although occasional nesting by species such as starling and house sparrow cannot be ruled out�

9.12 The habitat suitable for nesting birds within the site includes mature trees, shrubs, mixed species hedgerows, open pasture and rough grassland.

9.13 The open pasture and rough grassland field boundaries are likely to support species such as skylark and grey partridge during the breeding season�

9.14 Although there are no records of stone curlew or little ringed plover within the search area, the areas of bare stony ground and short vegetation within the site may be suitable for these species, which may therefore be present during the summer nesting season.

9.15 In order to assess which species are present within the site and particular areas of interest, further survey work for nesting birds at the appropriate time of year is recommended.

Birds of Conservation Concern (BoCC)

1Red List – Red list species are those: That are Globally Threatened according to the IUCN criteria; those whose population or range has declined rapidly in recent years; and those that have declined historically and have not shown a substantial recent recovery�

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2Amber List – Amber list species are those: With Unfavourable Conservation Status in Europe; those whose population or range has declined moderately in recent years; those whose population has declined historically but made a substantial recent recovery; rare breeders; and those with internationally important or localised populations�

Those with Green status do not fulfil any of the above criteria, though they are still protected by law.

MaMMals

Bats

9.16 These species are protected under the Conservation of Habitats and Species (Amendment) Regulations 2010 (SI 2010/490) and the Wildlife and Countryside Act 1981 as amended. Under this legislation, it is an offence to damage or destroy a breeding site or a resting place of any bat, or to deliberately capture, kill or disturb a bat.

9.17 Data obtained from the SBRC include that of 6 bat species that have been recorded within 5km of the survey site: common pipistrelle (Pipistrellus pipistrellus), soprano pipistrelle (P. pygmaeus), brown long-eared bat (Plecotus auritus), noctule (Nyctalus noctula), Natterer’s bat (Myotis nattereri) and serotine (Eptesicus serotinus).

9.18 The closest record is of a common pipistrelle bat, feeding approximately 1.2km south-east of the site in 2009. The lack of records within the immediate sites surrounds is likely due to a low number of recorders rather than an absence of bats.

9.19 The survey area comprising arable and industrial land with areas of rough grassland, boundary trees, shrubs and hedgerows has some potential for bats. It is considered that bats may forage along hedgerows and around mature trees within the survey area and may then make use of any potential roost opportunities on site. Invertebrates associated with water-bodies may also provide further foraging opportunities for bats within the surrounding area.

9.20 The trees and buildings within the survey site were assessed for their potential for bats.

9.21 There are mature trees within the survey site, including large oak trees that are considered to have potential for roosting bats through features such as dense ivy growth and woodpecker holes.

9.22 The buildings within the site have limited potential for bats, comprising largely modern industrial units. Nevertheless, depending upon which buildings are to be impacted by development proposals, further survey work in respect of bats may be required.

9.23 The potential presence of bats should, therefore, be taken into account during planning stages and prior to the start of development works within the site.

Dormice

This species is protected under the Conservation of Habitats and Species (Amendment) Regulations 2011 (SI 2011/625) and the Wildlife and Countryside Act 1981 as amended. Under this legislation, it is an offence to damage or destroy a breeding site or a resting place of any dormouse, or to deliberately capture, kill or disturb a dormouse.

9.24 Data from the SBRC show no records of dormice within 3km of the survey site.

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9.25 Dormice are associated with deciduous woodland and mixed species hedgerows, where they feed among branches of trees and shrubs. It is thought that dormice rarely descend to the ground (except for hibernation) and are reluctant to cross open spaces.

9.26 Woodland within the surrounding is restricted to small patches, the closest of which lies approximately 600m south-east of the site.

9.27 The hedgerows present within the survey area comprise species known to be favoured by dormice, including hawthorn, bramble, hazel and honeysuckle. However, given the poor continuity and structure of the hedgerows within the site and the lack of natural habitat corridors linking the site to the surrounding landscape, it is considered that the site offers sub-optimal habitat for this species, which are unlikely to be present�

Badger

9.28 Badgers are protected under the Protection of Badgers Act 1992. It is illegal to kill, injure or disturb a badger or to damage a badger sett�

9.29 There are two records of badger within the surrounding area outside of the survey site.

9.30 The survey site and surrounding area lack the large stands of woodland characteristic as habitat for badger. Nevertheless, it is considered that the wider surrounding habitat remains good for badger, comprising arable and pastoral fields with pockets of woodland. The farmland and scrub patches within the survey area may offer potential foraging habitat for this species.

9.31 No sign of badger (including latrines, pathways or hair) was discovered on site during the scoping inspection, and there was no evidence of badger sett, either active or unused.

9.32 However, given the good quality surrounding habitat, it is possible that badger may enter the site on occasion. Given the size of the area surveyed, the presence of a badger sett within certain sections of the site cannot be entirely ruled out. Further survey work for this species is recommended.

reptiles

Slow-worms (Anguis fragilis), common lizard (Zootoca vivipara), adder (Vipera berus) and grass snake (Natrix natrix) are protected under the Wildlife and Countryside Act 1981 Sections 9(1) and 9(5) from deliberate injury, deliberate killing and trade.

9.33 Data obtained from the SBRC show two records of grass snake, the closest of which is approximately 1km south-east of the site in 2006. There are no other records of reptiles from within this search area. It is considered that this is due to a low level of active recorders within the locality, rather than the absence of reptile species.

9.34 It is considered that the survey site contains habitat with potential for reptiles. There are patches of rough grassland and scrub throughout the site that provide potentially suitable refuge and foraging habitat for reptiles, for example around field boundaries and within most areas described as tall ruderal or semi-improved grassland (see section 7: Phase 1 Habitat Plan).

9.35 In addition to patches of terrestrial habitat, the water-bodies within the site offer potential for foraging grassnake, which may therefore be present.

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9.36 Overall, it is considered that the possible presence of reptiles within the survey site should be taken into account prior to the start of the any proposed development.

9.37 aMphiBians

These species are protected under the Wildlife and Countryside Act 1981. Of particular interest is the great crested newt (Triturus cristatus). This species is also protected under the Conservation of Habitats and Species (Amendment) Regulations 2010 (SI 2010/490).

great Crested newt

9.38 Great crested newts are typically found in areas with a high pond density. They generally favour medium-large fresh water bodies, such as quarry and field ponds, with suitable vegetation for oviposition and appropriate surrounding terrestrial habitat�

9.39 Great crested newts commonly move between ponds that are within 250m of each other (English Nature 2001). Natural England advise that factors such as distance from ponds, dispersal barriers and the size of the development footprint should be taken into account when assessing the likelihood of great crested newt being present within a site (WML-A14-2 Method Statement. Natural England 2010).

9.40 Data obtained from SBRC include two records of great crested newt within the locality. The nearest record is approximately 1km south-east of the survey site within Moors Woodland.

9.41 According to the relevant OS map and Google Earth, there are 10 water-bodies identified within the survey area and further water-bodies within a 500m radius.

9.42 During the survey four of these water-bodies were accessible (Figure 1: 1, 7, 9 and 10), three of which held water (7, 9 and 10).

Figure 1: Showing the location of identified water-bodies within the survey area

1

2345

6

8

9

7

10

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9.43 Although suitable terrestrial habitat within the site is patchy and in large parts restricted to field margins and unmanaged plots surrounded by industrial units and hardstanding, there are links and habitat corridors between water-bodies within the site. The ponds within the site vary significantly in size and quality and, therefore, in the level of potential suitability offered to great crested newt. Nevertheless, given the number of water-bodies and the presence of significant patches of terrestrial habitat, the potential presence of great crested newt within the site should be considered prior to development within the site�

inverteBrates

A small number of invertebrates, including white clawed crayfish (Austropotamobius p. pallipes), are protected under the Conservation of Habitats and Species (Amendment) Regulations 2010 (SI 2010/490) and the Wildlife and Countryside Act 1981 as amended. There are species of potential interest included in the schedules within PPS 9.

9.44 Data from the SBRC include a number of recent records of butterfly and moth species (Lepidoptera) listed under UKBAP within 2km of the survey area. The closest of which were recorded within a residential garden adjacent to the south-east of the area surveyed. Species recorded here include; mouse moth (Amphipyra tragopoginis), dusky brocade (Apamea remissa), large nutmeg (Apamea anceps) and green brindled crescent (Allophyes oxyacanthae). There are also records of Bombus ruderarius within allotment gardens adjacent to the south of the survey area.

9.45 It is considered that the habitat within the survey area comprising a matrix of arable field margins, rough and ruderal grassland, hedgerows, trees and water-bodies as well as brownfield areas, has potential to support communities of invertebrates of note, particularly those species listed as UKBAP Priority.

9.46 Therefore, the presence of invertebrate species of note should be taken into account during planning stages of any development proposals.

UK and sUFFolK Biodiversity aCtion plan haBitats

9.47 The UK Biodiversity Action Plan was published in 1994 as the government’s response to the signing of the Convention on Biological Diversity in 1992. The plans set out to help the most threatened species and habitats recover. The Suffolk BAP was last reviewed in 2011 and therefore lists and targets are current and up to date�

9.48 UK and Suffolk BAP Habitats within the site include:

1. Cereal field margins: Objectives and Targets include the continued promotion of appropriate management, taking into account species present.

2. Standing open water: Objectives and Targets include the protection and continuation of favourable condition and the promotion of buffer strips.

3. Species rich hedgerows: Objectives and Targets include the favourable management throughout Suffolk to ensure that most existing field boundaries are hedged, by encouraging planting along currently un-hedged boundaries, retaining hedgerow trees and planting up of gaps.

4. BAP species associated with these habitats that may be found within the site include brown hare, skylark, grey partridge, turtle dove, linnet and corn bunting.

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other Considerations

9.49 On the basis of the survey it is not expected that other protected species are present within the site, for example, water vole and otters due to a lack of suitable habitat on or within close proximity to the site�

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10. summary and recommendatIon

10.1 On the basis of the survey, it is considered that the possible presence of great crested newt, bats, reptiles, badger, nesting birds and invertebrates should be taken into account prior to the start of any development works within the site. Mitigation for these species may be required prior to the start of development works.

10.2 It is considered unlikely that the final development, as proposed, will be of significance to any other protected species. However, as a precaution, it is considered that the possible presence of BAP species such as brown hare should be taken into account before and during development works within the land at Eye, Suffolk.

great Crested newt

10.3 On the basis of the survey it is considered that due to the presence of potentially suitable water bodies within the site and within 500m of the survey area, the potential presence of this species within the survey area cannot be entirely ruled out. It is therefore recommended that:

• Subject to landowners permission, a presence/likely absence survey should be carried out for great crested newts including all suitable ponds within 500m of the survey area. Prior to this an assessment should be made as to which ponds are suitable for survey taking into account HSI scores and factors such as major barriers to dispersal.

• Presence/likely absence surveys are undertaken following guidelines published by Natural England 2001 and carried out between mid March – mid June.

reptiles

10.4 On the basis of this survey it is anticipated that reptiles may be present within the rough grassland and scrub areas of the survey site.

10.5 In order to establish whether or not mitigation for reptiles is necessary and in order to prevent harm to reptiles during development works, it is recommended that:

• A presence / likely absence survey for reptiles is undertaken at the correct time of year (March – October) and according to Natural England guidelines.

Bats

10.6 In order to proceed reasonably safely in respect of bats, it is considered that the following procedures appropriate:

• Depending upon the location, scale and type of development proposed, activity surveys for bats within the site may be recommended. Best practice guidelines recommend surveys are undertaken between May and September, when bats are at their most active.

• If mature trees are to be removed or be subjected to other major arboricultural works, these trees should first be surveyed by a licenced batworker to determine whether roosting bats are present. If trees are found to house a bat roost, further survey work may be required and it may be necessary to obtain a European Protected Species Mitigation Licence before works to the tree commences�

10.7 It is recommended that it would be beneficial to bats within the locality if:

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• Trees and shrubs, particularly along the boundaries, are retained as far as possible.

• Works on trees and shrubs should take place during the following periods when bats are less likely to be adversely affected if disturbed: mid-March to late April or during October.

• All arboricultural work to mature trees should follow best practice guidelines to reduce risk of harm to bats from works as set out in the Bat Conservation Trust leaflet ‘Bats and Trees, a guide to the management of trees’.

• Any external lighting associated with new development is angled downwards to prevent disturbance to foraging bats in the vicinity. This is of particular note along the boundaries of the site.

inverteBrates

10.8 On the basis of the survey it is considered that the survey area may provide habitat for invertebrate species assemblages of note. It is therefore recommended that:

• The terrestrial habitats and water-bodies within the site are assessed in respect of invertebrates. Analysis of key groups; bumblebees (Hymenoptera), butterflies (Lepidoptera), dragonflies (Odonata) and grasshoppers (Orthoptera) will allow extrapolation as to the value of habitats within the site.

• Suitable mitigation/enhancement may then be recommended.

• Survey work for invertebrates should be undertaken between May and July.

nesting Birds

10.9 On the basis of this survey it is considered highly likely that birds will nest within the mature trees, shrubs and rough grassland during the summer months. In order to avoid disturbance to nesting birds it is recommended that:

• A survey to determine which species nest within the site and particular areas of interest is recommended during the appropriate time of year, April - July.

• Works within the site are timed to avoid the bird breeding season (generally late March – early August).

• If this is not possible then the trees, shrubs, grassland and other areas of potential nesting habitat should be checked by a suitably experienced ecologist for the presence of nesting birds prior to the start of works.

• If nesting birds are discovered then no works should commence / continue within the vicinity that are likely to disturb the nest until the young have fully fledged.

Badgers

10.10 On the basis of this survey it is considered that the potential presence of badger within the site cannot be entirely ruled out�

10.11 In order to reduce the risk of harm to badgers, the following recommendations are proposed:

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• A further assessment of the site is undertaken with specific reference to badger. Areas of scrub and woodland in particular should be more thoroughly surveyed for signs of this species�

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11. references

General

• BoCC (2007) Birds of Conservation Concern www.bto.org British Trust for Ornithology

• Foster, J. (1999) Froglife Advice Sheet 10: Reptile Survey. FROGlife.

• Kent BAP (2009) Kent Biodiversity Action Plan www.kentbap.org.uk Kent County Council

• K-LIS (2009) Kent Landscape Information System. http://extranet7.kent.gov.uk/klis/home.htm Kent County Council.

• MAGIC (2008) www.magic.gov.uk. DEFRA.

• NBN (2008) National Biodiversity Network. www.nbn.org.uk. NBN, CEH, JNCC, DEFRA.

• Planning Policy Statement 9: Biodiversity and Geological Conservation (2005)

• Spencer J W & Kirby K J (1992) An inventory of ancient woodland for England and Wales. Biological Conservation (62): 77-93.

• UK BAP (2009) UK Biodiversity Action Plan www.ukbap.org.uk JNCC

Best Practice Guidelines

• Bright, P., Morris, P., Mitchell-Jones, A. J. (2006) The dormouse Conservation Handbook. Second edition. English Nature.

• English Nature (2001) Great crested Newt Mitigation Guidelines.

• Mitchell-Jones, A. J. (2007) Bat Mitigation Guidelines. Bat Conservation Trust, English Nature.

• Natural England (2007) Badgers and Development: A guide to best practice and licensing�

• NVC (1992) National Vegetation Classification. From British Plant Communities Vol 3. Cambridge, Cambridge University Press.

• Parsons, K. (1997) Bat Surveys: Good Practice Guidelines. BCT.

Nomanclature

Flora

• Common names: Rose, F. (2006) The Wildflower Key. Penguin Books

• Latin names: Stace, C, A. (2007) New Flora of the British Isles. Cambridge University Press�

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12. APPeNdix 1 - PROTeCTed SPeCieS LeGiSLATiON

12.1 The legal protection of animals and plants in the United Kingdom is mainly provided for by:

• The Wildlife & Countryside Act 1981 as amended by the Countryside and Rights of Way Act 2000,

• The Conservation of Habitats and Species (Amendment) Regulations 2010 (SI 2010/490)

and

• The Protection of Badgers Act 1992.

The level of protection for each species varies according to the conservation status of the species.

12.2 The Countryside and Rights of Way Act 2000 supplemented existing legislation for wildlife protection by prohibiting reckless acts that result in the killing or injuring of protected species.

12.3 The Natural Environment and Rural Communities Act 2006 requires that every public authority in exercising its functions must have regard as far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity. Section 41 of this Act requires the Secretary of State to have prepared lists of species and habitats which are considered to be of principal importance for the purpose of conserving biodiversity [The UK Biological Action Plan (BAP) species]�

12.4 Great crested newts and bats are among the species afforded the highest level of protection. These species are listed in Schedule 2 of the Habitat Regulations and in Schedule 5 of the Wildlife & Countryside Act 1981. For example for bats the legislation makes it illegal to:

• Intentionally or deliberately kill, injure or capture (or take) bats;

• Deliberately disturb bats (whether in a roost or not);

• Recklessly disturb roosting bats or obstruct access to their roosts

• Damage or destroy bat roosts

• Possess or transport a bat or any part of a bat, unless acquired legally,

• Sell (or offer for sale) or exchange bats, or parts of bats.

The legislation requires that development works affecting these species are subject to a licence granted by an appropriate authority. This authority is currently The Wildlife Licensing Office of Natural England.

12.5 All wild birds (birds in a wild state resident in or visiting Great Britain) and their nests and eggs are protected under the Wildlife & Countryside Act 1981. Particular emphasis is given to the protection of breeding birds. With certain exceptions, it is an offence to:

• Kill, injure or take wild birds

• Take, damage or destroy the nest of wild birds while in use or being built

• Take or destroy the eggs of wild birds

• Disturb wild birds listed in Schedule 1 when nest building or at a nest containing eggs or young, or disturb dependent young of wild birds

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12.6 Reptiles, including common lizards, slow worms and grass snakes, are protected under the Wildlife & Countryside Act 1981 against deliberate killing, injuring and sale (Sub-Sections 9 (1) and 9 (5)). These species are listed in Schedule 5�

12.7 In April 2008, water voles were given full protection under Section 9 of the amended 1998 Wildlife and Countryside Act of 1981. It is an offence to:

• Kill, injure or take water voles

• Intentionally or recklessly damage, destroy or obstruct access to any structure or place which water voles use for shelter or protection

• Disturb water voles while they are using such a place

12.8 A small number of invertebrates including Roman snails, beetles, crickets, butterflies and moths are protected under Section 9, Schedule 5 of the amended 1998 Wildlife and Countryside Act of 1981 against deliberate killing, injuring and taking.

12.9 A number of plant species are protected under Section 13 of the amended 1998 Wildlife and Countryside Act of 1981. It is an offence to intentionally pick, uproot or destroy any wild plant listed in Schedule 8 of the Act. The list includes both higher plants including several of the rarer orchids and lower plants including several mosses and lichens�

12.10 In addition to primary legislation, Planning Policy Statement 9: Biodiversity and Geological Conservation (PPS 9) sets out the Government’s national policies on biodiversity and geological conservation through the planning system. In terms of biodiversity the Statement requires local authorities to adhere to key principles to ensure that the potential impacts of planning decisions on biodiversity are fully considered. Development proposals provide many opportunities for building-in beneficial biodiversity as part of good design. When considering proposals, local planning authorities should maximise such opportunities in and around developments, using planning obligations where appropriate. Planning decisions should aim to maintain, and enhance, restore or add to biodiversity interests�

12.11 In considering PPS 9, it is also important to take account of the Guide to Good Practice, Technical Advice Note 5 (TAN 5): Nature Conservation and Planning (2009), and of the ODPM Circular 06/2005, both of which provide guidance as to how planning officers should deal with protected species issues�

12.12 Guidance has also been issued by the European Commission in respect of projects significantly affecting Natura 2000 sites, (SPA’s and SAC’s) Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC (2001) and Guidance document on the strict protection of animal species of Community interest under the Habitat Directive 92/43/EEC (2007).

12.13 The Planning Policy Statement includes a list of habitats and species identified as requiring conservation action as species of principal importance. This list has been prepared by the Secretary of State for Environment, Food and Rural Affairs under Section 41 of the Natural Environment and Rural Communities Act 2006. It identifies the living organisms (species) and habitats which the Secretary of State, following consultation with the statutory nature conservation advisers, Natural England, considers to be of principal importance for the conservation of biological diversity in England, in accordance with the 1992 UN Convention on Biological Diversity [BAP species and habitats]�

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12.14 The list includes a range of species including birds, mammals, fish and invertebrates, higher and lower plants� The list is to be kept under review and revisions will be made as necessary at 5 year intervals as part of the progress reports on the Biodiversity Strategy for England. The most recently list was published in August 2007�

12.15 Though not part of legislation there are in addition published lists of species of conservation concern which may include some but not all BAP species. For example:

Birds oF Conservation ConCern

12.16 The UK’s leading non-governmental bird conservation organisations have agreed the priorities for bird conservation after reviewing the status of all bird species in the UK, Channel Islands and Isle of Man. This approach followed that of the government’s steering Group on biodiversity and lead to the publication during 1996, of a list of Birds of Conservation Concern. This list is reviewed and was updated during 2002�

12.17 The list is divided into three sections: red, amber and green. The red list includes species that are of greatest concern and deserve urgent, effective conservation action. Amber list species are of medium conservation concern, while green list species must, at least, be monitored.

red data speCies

12.18 These are those species which are currently recognised as being rare and most threatened�

12.19 Some of these species have restricted distributions or limited population sizes because of their ecological requirements� Others were once common in the countryside but have declined in numbers and /or range.