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GLENVILLE FARM AND LAND ADJOINING TUTBURY ROAD, BURTON-UPON-TRENT,

STAFFORDSHIRE

PRELIMINARY ECOLOGICAL ASSESSMENT

A Report to: Staffordshire County Council and First City Ltd

Report No: RT-MME-119326

Date: April 2015

Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZ Tel: 01676 525880 Fax: 01676 521400

E-mail: [email protected] Web: www.middlemarch-environmental.com

P_2015_00202 Additional - Preliminary Ecological Assessment Received 14.05.15

Glenville Farm and Land adjoining Tutbury Road, Burton-upon-Trent, Staffordshire RT-MME-119326 Preliminary Ecological Assessment

Middlemarch Environmental Ltd. Page 1

REPORT VERIFICATION AND DECLARATION OF COMPLIANCE

This study has been undertaken in accordance with British Standard 42020:2013 “Biodiversity, Code of practice for planning and development”.

Report Version

Date Completed by: Checked by: Approved by:

Final 07/05/2015

Joe Hamer Grad CIEEM BSc (Hons) (Ecological

Consultant) Ella Robinson BSc (Hons) (Ecological Project Assistant)

Tom Docker MSc MCIEEM (Ecological Principal Consultant)

Dr Phil Fermor MCCIEM CEnv

(Managing Director)

The information which we have prepared is true, and has been prepared and provided in accordance with the Chartered Institute of Ecology and Environmental Management’s Code of Professional Conduct. We confirm that the opinions expressed are our true and professional bona fide opinions.

DISCLAIMER

The contents of this report are the responsibility of Middlemarch Environmental Ltd. It should be noted that, whilst every effort is made to meet the client’s brief, no site investigation can ensure complete assessment or prediction of the natural environment. Middlemarch Environmental Ltd accepts no responsibility or liability for any use that is made of this document other than by the client for the purposes for which it was originally commissioned and prepared.

VALIDITY OF DATA

The findings of this study are valid for a period of 24 months from the date of survey. If works have not commenced by this date, an updated site visit should be carried out by a suitably qualified ecologist to assess any changes in the habitats present on site, and to inform a review of the conclusions and recommendations made.



NON-TECHNICAL SUMMARY

Middlemarch Environmental Ltd was commissioned by Staffordshire County Council and First City Ltd to carry out an initial ecological appraisal of the site of proposed residential development, public open spaces, care homes and retail units in Burton upon Trent, Staffordshire. To fulfil this brief an ecological desk study and a walkover survey (in accordance with Phase 1 Habitat Survey methodology) were undertaken. The desk study exercise identified no European statutory sites within 5 km of the survey area. Two UK statutory sites and eight non-statutory sites were located within 2 km. The site is not located within 10 km of a statutory site designated for bats. The closest statutory site is ‘The Kingfisher Trail’ LNR located 1.2 km south-east and the closest non-statutory site is Greaves Lane located 400 m west from the development site. The survey area was also found to be within the SSSI impact risk zone of Old River Dove, Marston on Dove SSSI. The desk study also provided records of protected and notable species, including bats, otter, hedgehog, badger, great crested newts, grass snake, birds, invertebrates and plants. The walkover survey was undertaken on 8th April 2015 by Joe Hamer, Ecological Consultant. At the time of the survey, the site was dominated by fields of improved grassland, with hedgerows and associated ditches intersecting them. In the west of the site there was a complex of farm buildings, with scattered trees, bare ground, amenity grassland and tall ruderal vegetation. The key ecological features on site in relation to the works proposed are bats, terrestrial mammals, reptiles, barn owl, great crested newts, scattered trees and hedgerows. In order to ensure compliance with wildlife legislation and relevant planning policy, the following recommendations are made: R1 Habitat Loss and Enhancement: In accordance with the provision of Chapter 11 of the National

Planning Policy Framework (Conserving and Enhancing the Natural Environment) and Local Planning Policy, biodiversity enhancement measures should be incorporated into the landscaping scheme of any proposed works to maximise the ecological value of the site.

R2 Trees and Hedgerows: Any trees and hedgerows on site, or overhanging the site, which are not to

be removed as a part of any proposed works should be protected. R3 Roosting Bats: A Bat Survey was undertaken (RT-MME-116943-02) and all recommendations

within this report should be followed. R4 Terrestrial Mammals including Badger, Hedgehog and Brown Hare: Any excavations that need

to be left overnight should be covered or fitted with mammal ramps to ensure that any animals that enter can safely escape.

R5 Nesting Birds: Vegetation and building clearance should be undertaken outside the nesting bird season. The nesting bird season is weather dependent but generally extends between March and September inclusive.

R6 Foraging Bats: In line with paragraph 125 of the National Planning Policy Framework, the

development should aim to limit the impact of light pollution on the bats through the careful use of lighting in critical areas only and at a low level with minimum spillage. No lighting should impact on the hedgerows.

R7 Barn Owl: Middlemarch Environmental has been instructed to complete a barn owl survey of the

site. The findings of these surveys are given in report RT-MME-119476 and all recommendations within these reports should be followed.

R8 Great Crested Newt: Middlemarch Environmental has been instructed to complete a great crested

newt habitat suitability index of the site. The findings of these surveys are given in report RT-MME-119476 and all recommendations within these reports should be followed.



CONTENTS

1. INTRODUCTION ........................................................................................................................................ 4

1.1 PROJECT BACKGROUND ........................................................................................................................ 4 1.2 SITE DESCRIPTION AND CONTEXT .......................................................................................................... 4

2. METHODOLOGIES.................................................................................................................................... 5

2.1 DESK STUDY ......................................................................................................................................... 5 2.2 PHASE 1 HABITAT SURVEY ..................................................................................................................... 5

3. DESK STUDY RESULTS .......................................................................................................................... 6

3.1 INTRODUCTION ...................................................................................................................................... 6 3.2 NATURE CONSERVATION SITES .............................................................................................................. 6 3.3 PROTECTED / NOTABLE SPECIES ............................................................................................................ 7 3.4 INVASIVE SPECIES ................................................................................................................................ 10

4. PHASE 1 HABITAT SURVEY ................................................................................................................. 11

4.1 INTRODUCTION .................................................................................................................................... 11 4.2 SURVEY CONSTRAINTS AND LIMITATIONS .............................................................................................. 11 4.3 HABITATS ............................................................................................................................................ 11 4.4 FAUNA ................................................................................................................................................ 13 4.5 INVASIVE PLANT SPECIES .................................................................................................................... 13

5. DISCUSSIONS AND CONCLUSIONS .................................................................................................... 14

5.1 SUMMARY OF PROPOSALS ................................................................................................................... 14 5.2 NATURE CONSERVATION SITES ............................................................................................................ 14 5.3 HABITATS ............................................................................................................................................ 14 5.4 PROTECTED/NOTABLE SPECIES ........................................................................................................... 15 5.5 INVASIVE PLANT SPECIES .................................................................................................................... 17

6. RECOMMENDATIONS ............................................................................................................................ 18

6.1 NATURE CONSERVATION SITES ............................................................................................................ 18 6.2 HABITATS ............................................................................................................................................ 18 6.3 PROTECTED / NOTABLE SPECIES .......................................................................................................... 18 6.4 INVASIVE PLANT SPECIES .................................................................................................................... 19

7. DRAWINGS .............................................................................................................................................. 20 8. PHOTOGRAPHS ..................................................................................................................................... 25 REFERENCES AND BIBLIOGRAPHY ........................................................................................................... 27 APPENDICES ................................................................................................................................................. 28

APPENDIX 1 ................................................................................................................................................... 29 APPENDIX 2 ................................................................................................................................................... 32



1. INTRODUCTION

1.1 PROJECT BACKGROUND

In March 2015 Staffordshire County Council and First City Ltd commissioned Middlemarch Environmental Ltd to undertake an initial ecological appraisal of the site of proposed residential development, public open spaces, care homes and retail units at Glenville Farm and Land adjoining Tutbury Road, Burton-upon-Trent, Staffordshire. Middlemarch Environmental Ltd has previously carried out the following surveys at this site:

Extended Phase 1 Habitat Survey RT-MME-109855 (2011)

Extended Phase 1 Habitat Survey RT-MME-113587 (2013)

Daytime Bat Survey RT-MME-116943-01 (2014)

Bat Survey RT-MME-116943-02 (2014) To assess the existing ecological interest of the site an ecological desk study was carried out, and a walkover survey was undertaken on 8th April 2015. Middlemarch has also been instructed to complete a barn owl survey and a great crested newt habitat suitability index (RT-MME-119476).

1.2 SITE DESCRIPTION AND CONTEXT

The development site is located at Glenville Farm and land adjoining Tutbury Road in Burton upon Trent, Staffordshire, at National Grid Reference SK 236 263. The site is flat in topography, irregular in shape, measures approximately 21 ha in size and is situated in a residential and agricultural area. At the time of the survey, the site was dominated by fields of improved grassland, with hedgerows and associated ditches intersecting them. In the west of the site, there was a complex of farm buildings, with scattered trees, bare ground, amenity grassland and tall ruderal vegetation. The wider landscape comprised residential properties to the south, east and west, with road delineating the site boundary. In the south west, there was a new school development, with a recently created balancing pond adjacent to the site boundary. To the north, there were a series of improved pasture fields. Burton upon Trent is situated to the south of the site.

1.3 DOCUMENTATION PROVIDED

The conclusions and recommendations made in this report are based on information provided by the client regarding the scope of the project. Documentation made available by the client is listed in Table 1.1.

Document Name / Drawing Number Author

Framework Strategy Plan – FC/2 Unknown

Table 1.1: Documentation Provided by Client

The drawing ‘Framework Strategy Plan’ is included in Chapter 7.



2. METHODOLOGIES

2.1 DESK STUDY

An ecological desk study was undertaken to determine the presence of any designated nature conservation sites and protected species that have been recorded within a 2 km radius of the site. This involved contacting appropriate statutory and non-statutory organisations which hold ecological data relating to the survey area. Middlemarch Environmental Ltd then assimilated and reviewed the desk study data provided by these organisations. The consultees for the desk study were:

Natural England - MAGIC website for statutory conservation sites; and,

Staffordshire Ecological Record The desk study included a search for European statutory nature conservation sites within a 5 km radius of the site (extended to 10 km for any statutory site designated for bats) and UK statutory sites, non-statutory sites and protected/notable species records within a 2 km radius. The data collected from the consultees is discussed in Chapter 3. Selected raw data are provided in Appendix 1. In compliance with the terms and conditions relating to its commercial use, the full desk study data is not provided within this report. The desk study also included a review of relevant local planning policy with regard to biodiversity and nature conservation (see Appendix 2).

2.2 PHASE 1 HABITAT SURVEY

The walkover survey was conducted following the Phase 1 Habitat Survey methodology of the Joint Nature Conservation Committee (JNCC, 2010) and the Institute of Environmental Assessment (IEA, 1995). Phase 1 Habitat Survey is a standard technique for classifying and mapping British habitats. The aim is to provide a record of habitats that are present on site. During the survey, the presence, or potential presence, of protected species was noted. Whilst every effort is made to notify the client of any plant species listed on Schedule 9 of the Wildlife and Countryside Act (1981, as amended) present on site, it should be noted that this is not a specific survey for these species. Data recorded during the field survey are discussed in Chapter 4.



3. DESK STUDY RESULTS

3.1 INTRODUCTION

All relevant ecological data provided by the consultees was reviewed and the results from these investigations are summarised in Sections 3.2 and 3.3. Selected data are provided in Appendix 1.

3.2 NATURE CONSERVATION SITES

Reference to the Multi Agency Geographical Information for the Countryside (MAGIC) website and the data provided by the local biological records centre indicates that no European statutory sites within 5 km of the survey area, two statutory nature conservation sites and three non-statutory nature conservation sites occur within a 2 km radius of the survey area. The site is not located within 10 km of a statutory site designated for bats. These sites are summarised in Table 3.1.

Site Name Designation Proximity to Survey Area

Description

Statutory sites

The Kingfisher Trail LNR 1.2 km south-

east

The Kingfisher Trail runs alongside the Trent and Mersey Canal, through the Shobnall, Horninglow and Eton districts of Burton upon Trent

Old River Dove, Marston on Dove SSSI 1.9 km north

This site is a meander cut off from the present course of the river. It is a locally important site for aquatic fauna and flora. The open water is surrounded by a band of tall mixed fen and swamp communities locally dominated by reed canary-grass Phalaris arundinacea. The drier fen communities include common marsh-bedstraw Galium palustre and water figwort Scrophularia auriculata. Branched bur-reed Sparganium erectum dominates much of the wetter swamp community where water horsetail Equisetum fluviatile, common spike-rush Eleocharis palustris and water-plantain Alisma plantago-aquatica are locally abundant. Of particular interest is a large colony of flowering-rush Butomus umbellatus.

Table 3.1: Summary of Nature Conservation Sites Within 2 km of Survey Area (continues)



Site Name Designation Proximity to Survey Area

Description

Non-statutory Sites

Greaves Lane Retained

BAS 400 m south

A block of fields and an overgrown lane on the outskirts of Burton-on-Trent. The grassland is mainly improved and of a very low diversity.

Bitham Clay Pit Retained

BAS 575 m east

Most of the area is occupied by species-poor, semi-improved grassland. The coarse tussocky sward is mainly comprised of a mix of grasses accompanied by a limited number of common broad-leaved herbs.

Brook Hollows Spinney Retained

BAS 750 m north

A man-made lake surrounded by broad-leaved woodland.

Alder moor and Lount Bank LWS 1.1 km north-

west

A pool used for fishing with a fringe of tall swamp vegetation, surrounded by a woodland with patches of ancient woodland indicators amongst nettle stands and species-poor semi-improved grassland.

Princess Way Retained

BAS 1.1 km south-

east

A small block of wet woodland which is mainly dominated by mature planted black poplars. Amongst this are scattered alders which are concentrated in the centre of the site with a few individuals of crack willow and osier.

Burton Old Railway Retained

BAS 1.6 km north-

east

A disused railway embankment and adjacent field with areas of dense scrub, unimproved neutral grassland, semi-improved grassland and marginal vegetation.

Dove Cliff Retained

BAS 2 km north-

east

A woodland occupying the steep slope south of the River Dove, a rich range of wet woodland plants are present as well as ancient woodland flora on the dry slopes.

Branston Lock Retained

BAS 2 km south

A towpath with swamp marginal vegetation. The grassland along the towpath is species-poor and rank and is bordered by a Hawthorn hedgerow.

Key:

SSSI: Site of Special Scientific Interest LNR: Local Nature Reserve LWS: Local Wildlife Site Retained BAS: Retained Biodiversity Alert Site

Table 3.1 (continued): Summary of Nature Conservation Sites Within 2 km of Survey Area The survey area also falls within the SSSI impact risk zone for Old River Dove, Marston on Dove.

3.3 PROTECTED / NOTABLE SPECIES

Table 3.2 and the following text provide a summary of protected and notable species records within a 2 km radius of the study area. It should be noted that the absence of records should not be taken as confirmation that a species is absent from the search area.



Species No. of

Records

Most Recent Record

Proximity of Nearest Record to Study Area

Species of Principal

Importance?

Local BAP?

Legislation / Conservation

Status

Mammals - bats

Noctule Nyctalus noctula

12 2014 On site+ ECH 4,

WCA 5, WCA 6

Common pipistrelle Pipistrellus pipistrellus

51 2014 On site+ - ECH 4,

WCA 5, WCA 6

Soprano pipistrelle Pipistrellus pygmaeus

12 2014 On site+ ECH 4,

WCA 5, WCA 6

Pipistrelle Pipistrellus sp.

2 2014 640 m north-east # #

Myotis Myotis sp.

9 2013 640 m north-east # - #

Brown long-eared bat Plecotus auritus

2 2012 650 m east - ECH 4,

WCA 5, WCA 6

Nyctalus Nycatulus sp.

1 2013 880 m east # - #

Whiskered bat Myotis mystacinus

2 2006 1.23 km north - - ECH 4,

WCA 5, WCA 6

Natterer’s bat Myotis nattereri

1 1992 1.24 km north - - ECH 4,

WCA 5, WCA 6

Whiskered/Brandt’s Myotis mystacinus/brandtii

2 2011 1.57 km south-

west - - #

Leisler’s bat Nyctalus leisleri

2 2011 1.57 km south-

west - -

ECH 4, WCA 5, WCA 6

Unidentified bat Chiroptera sp.

2 1996 1.66 km east # - #

Mammals - other

Brown hare Lepus europeaus

1 2001 150 m east -

Otter Lutra lutra

1 2008 1.14 km south-

east

ECH 2, ECH 4, WCA 5, WCA 6

Badger Meles meles

7 2013 † - - WCA 6, PBA

Hedgehog Erinaceus europaeus

6 2010 1.07 km north - WCA 6

Amphibians

Great crested newt Triturus cristatus

28 2013 390 m south-west ECH 2, ECH 4,

WCA 5

Reptiles

Grass snake Natrix natrix

3 1978 1.30 m south WCA 5 S9(1) WCA 5 S9(5)

Table 3.2 (cont’d): Summary of Protected/Notable Species Records Within 2 km of Survey Area (cont’s)



Species No. of

Records

Most Recent Record

Proximity of Nearest Record to Study Area

Species of Principal

Importance?

Local BAP?

Legislation / Conservation

Status

Birds (continued)

Barn owl Tyto alba

9 2014 On site+ - WCA 1i

Fieldfare Turdus pilaris

23 2009 70 m south-east - - WCA 1i

Merlin Falco columbarius

4 2000 1.66 km west - - WCA 1i

Eurasian hobby Falco subbuteo

14 2013 1.66 km west - - WCA 1i

Wood lark Lullula arborea

1 1999 1.86 km west WCA 1i

Red kite Milvus milvus

4 2013 Potentially within a 1 km radius*

- - WCA 1i

Osprey Pandion haliaetus


- - WCA 1i

Common kingfisher Alcedo atthis


- - WCA 1i

Redwing Turdus iliacus


- - WCA 1i

Garganey Anas querquedula


- - WCA 1i

Little ringed plover Charadrius dubius


- - WCA 1i

Whooper swan Cygnus cygnus


- - WCA 1i

Peregrine falcon Falco peregrinus


- - WCA 1i

Brambling Fringilla montifringilla


- - WCA 1i

Greylag goose Anser anser


- - WCA 1ii

Key:

#: Dependent on species +: Grid reference provided was six figures and as such, the record may be located within 100 m of the study site. *: Grid reference provided was four figures only.

ECH 2: Annex II of the European Communities Council Directive on the Conservation of Natural Habitats and Wild Fauna and Flora. Animal and plant species of community interest whose conservation requires the designation of Special Areas of Conservation. ECH 4: Annex IV of the European Communities Council Directive on the Conservation of Natural Habitats and Wild Fauna and Flora. Animal and plant species of community interest in need of strict protection. WCA 1i: Schedule 1 Part 1 of Wildlife and Countryside Act 1981 (as amended). Birds protected by special penalties at all times. WCA 1ii: Schedule 1 Part 2 of Wildlife and Countryside Act 1981 (as amended). Birds protected by special penalties during close season. WCA 5: Schedule 5 of Wildlife and Countryside Act 1981 (as amended). Protected animals (other than birds). WCA 6: Schedule 6 of Wildlife and Countryside Act 1981 (as amended). Animals which may not be killed or taken by certain methods.

Species of Principal Importance: Species of Principal Importance for Nature Conservation in England. Local BAP: Staffordshire Local Biodiversity Action Plan

Note. This table does not include reference to the Berne Convention (Convention on the Conservation of European Wildlife and Natural Habitats), the Bonn Convention on the Conservation of Migratory Species of Wild Animals or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Table 3.2 (continued): Summary of Protected/Notable Species Records Within 2 km of Survey Area



In addition to the species listed in Table 3.2, the desk study provided records of the following (located within 2 km of the site): Birds The desk study provided records of twenty-two birds listed as Species of Principal Importance comprising lesser redpoll Acanthis cabaret, sky lark Alauda arvensis, common cuckoo Cuculus canorus, lesser spotted woodpecker Dendrocopos minor, yellowhammer Emberiza citronella, reed bunting Emberiza citronella, twite Linaria flavirostris, spotted flycatcher Muscicaoa striata, house sparrow Passer domesticus, dunnock Prunella modularis, common bullfinch Pyrrhula pyrrhula, common starling Sturnus vulgaris, song thrush Turdus philomelos, northern lapwing Vanellus vanellus, yellow wagtail Motacilla flava, willow tit Poecile montana, ring ouzel Turdus torquatus, marsh tit Poecile palustris, linnet Linaria cannabina, herring gull Larus argentatus, grey partridge Perdix perdix, European turtle dove Streptopelia turtur and Eurasian curlew Numenius arquata. The desk study also provided records of common snipe Gallinago gallinago and Eurasian tree sparrow Passer montanus which are listed as priority species on the Local BAP. Also provided by the desk study was thirty records of birds listed on the RSPB amber list including meadow pipit Anthus pratensis, stock dove Columba oenas and barn swallow Hirundo rustica. Notable invertebrates The desk study provided records of sixteen invertebrates listed as Species of Principal Importance comprising small heath butterfly Coenonympha pamphilus, wall butterfly Lasiommata megera, knot grass moth Acronicta rumicis, mouse moth Amphipyra tragopoginis, garden tiger moth Arctia caja, figure of eight moth Diloba caeruleocephala, dusky thorn moth Ennomos fuscantaria, spinach moth Eulithis mellinata, ghost moth Hepialus humuli, brindled beauty moth Lycia hirtaria, dot moth Melanchra persicariae, broom moth Melanchra pisi, chalk carpet moth Scotopteryx bipunctaria, white ermine moth Spilosoma lubricipeda, blood-vein moth Timandra comae and cinnabar moth Tyria jacobaeae. Notable plants The desk study provided a record of grass-wrack pondweed Potamogeton compressus, which is listed as a Species of Principal Importance. It also provided records of good-king-henry Chenopodium bonus-henricus, common cudweed Filago vulgaris, oxlip Primula elatior and wild pansy Viola tricolor, which are listed as nationally rare.

3.4 INVASIVE SPECIES

The desk study identified no records of invasive species found within a 1 km radius of the survey area.



4. PHASE 1 HABITAT SURVEY

4.1 INTRODUCTION

The results of the Phase 1 Habitat Survey are presented in the following sections. An annotated Phase 1 Habitat Survey Drawing (Drawing C119326-01) is provided in Chapter 7. This drawing illustrates the location and extent of all habitat types recorded on site. Any notable features or features too small to map are detailed using target notes. Photographs taken during the field survey are presented in Chapter 8. The survey was carried out on 8th April 2015 by Joe Hamer, Ecological Consultant. Table 4.1 details the weather conditions at the time of the survey.

Parameter Condition

Temperature (ºC) 16

Cloud (%) 70

Wind (Beaufort) F2

Precipitation Dry

Table 4.1: Weather Conditions During Field Survey

4.2 SURVEY CONSTRAINTS AND LIMITATIONS

There were no constraints experienced at the time of survey.

4.3 HABITATS

The following habitat types were recorded on site during the field survey:

Amenity grassland;

Bare ground;

Buildings;

Ditches;

Hedgerows;

Improved grassland;

Introduced shrubs;

Scattered trees;

Standing water; and,

Tall ruderal vegetation. These habitats are described below. They are ordered alphabetically, not in order of ecological importance. Amenity grassland Attached to the small farmhouse complex in the north-western corner of the site were small formal lawn areas. These small patches of habitat were dominated by common grass species with a few common forbs. Bare ground An expanse of exposed earth was situated to the south east of the complex of farm buildings (Target note 31). It appeared to have been recently cleared with no colonising vegetation. There are also piles of rubble on this habitat from a demolished building (Plate 9). Buildings In the north-western corner of the survey area was a small farm complex comprising a two storey brick and tiled roof farmhouse, with a surrounding garden area containing formal lawned areas and shrub beds with herbaceous borders (Plate 1). A series of adjoining out buildings were also present. The buildings were generally observed to be in a good state of repair but some features were evident that could potentially provide roosting locations for bats and nesting sites for birds (Target note 34).



A farm building had been demolished since the previous survey, with only a footprint remaining (Target note 32) (Plate 8). Ditches Associated with several of the hedgerows within the survey area were a series of ditches (Plate 2). These varied in size but were primarily between 1-2 m in width and to a maximum of 1 m in depth. For more details about each ditch, refer to target notes in Chapter 7. At the time of the field survey the majority were dry/damp and possessed growths of tall ruderal vegetation characterised by nettles Urtica dioica, thistles Cirsium spp, bramble Rubus fruticosus agg, great willowherb Epilobium hirsutum and occasional rushes Juncus spp. Several ditches contained small areas of standing water, with occasional soft-rush Juncus effusus present (Plate 3). Hedgerows The surveyed area possessed a network of hedgerows which were, in places, backed up by lengths of fencing (Plate 4). For more detail about each hedgerow, refer to target notes in Chapter 7. The hedgerows were largely dominated by hawthorn Crataegus monogyna with significant amounts of blackthorn Prunus spinosa together with elder Sambucus nigra and dog rose Rosa canina. Bramble Rubus fruticosus agg was a frequent constituent of the hedges and often dominated the basal flora together with common tall herbs and coarse grasses, typically nettle Urtica dioica, cow parsley Anthriscus sylvestris, thistles Cirsium spp, cocksfoot Dactylis glomerata, false oat grass Arrhenatherum elatius, couch grass Elytrigia repens, cleavers Galium aparine, holly Ilex aquifolium and ivy Hedera helix. A feature of some of the hedgerows within the study site was scattered mature trees, comprising common oak Quercus robur and ash Fraxinus excelsior. The hedgerows were primarily in good condition, largely continuous and mostly annually clipped to an average of 2 m in height and 2-3 m in width. All of these hedgerows were species-poor. Lengths of wooden posts and stock-netting/barb wire fencing were noted in places. Improved grassland This habitat dominated the survey area, comprising a series of rectangular–shaped fields varying in size from 0.7 ha up to 5 ha and enclosed by tightly clipped hedgerows (Plate 5). The improved grass swards were predominantly short at the time of survey. The grassland possessed poor species-diversity, being dominated by rye grass Lolium perenne with Yorkshire fog Holcus lanatus, bents Agrostis sp and couch grass together with a few common forbs such as clovers Trifolium spp, dandelion Taraxacum officinale, creeping buttercup Ranunculus repens, meadow buttercup Ranunculus acris and chickweed Stellaria media. Patches of creeping thistle Cirsium arvense and spear thistle Cirsium vulgaris were evident in places. Introduced Shrubs Scattered beds of introduced shrubs were recorded within the garden area of the farmhouse. Scattered Trees Several mature oaks Quercus robur, willows Salix sp. and ashes Fraxinus excelsior were present within the field boundaries (Plate 6). Some of the larger specimens possessed features that could potentially be used by roosting bats. For more information about individual trees, refer to target notes in Chapter 7. Standing Water A slurry pit was present associated with farm buildings in the north-west of the site, which has been colonized by coarse grass and ruderal vegetation (Target note 41) (Plate 7). A newly created balancing pond was situated adjacent to the site to the south west (Target note 42) (Plate 10). Tall ruderal vegetation Small areas within the farmyard were vegetated by fat-hen Chenopodium album, thistles Cirsium spp, prickly lettuce Lactuca serriola, sow thistles Sonchus spp., hemlock Conium maculatum and bramble (Target note 33).



4.4 FAUNA

During the survey field signs of faunal species were recorded. The time of year at which the survey is undertaken will affect species or field signs directly recorded during the survey. Birds

Table 4.2 details the bird species observed on site at the time of survey.

Common name Scientific name

Blackbird Turdus merula

Black-headed gull Larus ridibundus

Blue tit Cyanistes caeruleus

Carrion crow Corvus corone

Chaffinch Fringilla coelebs

Collared dove Streptopelia decaoto

Dunnock Prunella modularis

Goldfinch Carduelis carduelis

Great tit Parus major

House sparrow Passer domesticus

Jackdaw Corvus monedula

Mallard Anas platyrhynchos

Pheasant Phasianus colchicus

Red-legged partridge Alectoris rufa

Robin Erithacus rubecula

Rook Corvus frugilegus

Snipe Gallinago gallinago

Starling Sturnus vulgaris

Wood Pigeon Columba palumbus

Wren Troglodytes troglodytes

Table 4.2: Bird species observed on site at the time of survey Invertebrates Two species of butterfly, small tortoiseshell Aglais urticae and peacock Aglais io, were recorded on site at the time of survey.

4.5 INVASIVE PLANT SPECIES

No invasive plant species was recorded on site at the time of survey.



5. DISCUSSIONS AND CONCLUSIONS

5.1 SUMMARY OF PROPOSALS

It is understood that the site proposals involve the construction of residential properties, care homes, retail units and public open spaces. Please refer to the drawing FC/2 - Framework Strategy Plan in Chapter 7 for more details of these proposals. This will affect all of the habitats on site.


The desk study exercise identified no European statutory sites within 5 km of the survey area. Two UK statutory sites and eight non-statutory sites were identified within 2 km. The site is not located within 10 km of a statutory site designated for bats. The significance of these sites to the proposed development is discussed below. Statutory Sites The desk study identified ‘Old River Dove, Marston Dove’ SSSI, which is located 1.9 km north of the survey area. The survey area was also found to be within the SSSI Impact Risk Zone of this SSSI. The proposed development does not fall into the risk categories of this SSSI (Please refer to Appendix 1 for more information about the developments that do fall into the risk categories). Also, due to the built-up nature of the intervening habitats, and the distance between the SSSI and the survey area, it is unlikely that these sites will be directly or indirectly impacted by the proposed development. The desk study also identified ‘The Kingfisher Trail’ LNR, which is located 1.2 km south-east of the site. Due to the built-up nature of the intervening habitats, and the distance between the LNR and the survey area, it is unlikely that these sites will be directly or indirectly impacted by the proposed development. Therefore, statutory sites are not a notable consideration in relation to the proposed development. Non-Statutory Sites ‘Greaves Lane’ BAS is the closest non-statutory site and is located 400 m south of the survey area. The remaining conservation sites are located 650 m or more from the survey area. Due to the built-up nature of the intervening habitats, and the distance between the non-statutory conservation sites and the survey area, it is unlikely that these sites will be directly/indirectly impacted by the proposed development. Therefore, non-statutory sites are not a notable consideration in relation to the proposed development.

5.3 HABITATS

The ecological importance of the habitats present on site is determined by their presence on the list of Habitats of Principal Importance in England and on the Local BAP. It also takes into account the intrinsic value of the habitat. Those habitats which are considered to be of intrinsic importance and have the potential to be impacted by the site proposals are highlighted as notable considerations. A discussion of the implications of the site proposals with regard to the habitats present on site is provided in the text below. A separate discussion of the value of the habitats on site to protected or notable species is provided in Section 5.4. Hedgerows ‘Hedgerows’ are a Habitat of Principal Importance for Nature Conservation in England if they measure over 20 m in length and less than 5 m in width, consist predominantly of at least one woody UK native species, and any gaps measure less than 5 m in width. The hedgerows on site satisfy these criteria. As these hedgerows on site will be affected by the proposed development, a recommendation for the protection and retention of this habitat has been given in Section 6.2. Scattered Trees The mature trees on site are of intrinsic value as they cannot be easily replaced in the short to medium term. As these trees will be affected by the proposed development, a recommendation regarding retention and protection has been given in Section 6.2.



Standing water ‘Ponds’ are a Habitat of Principal Importance for Nature Conservation in England if they meet one or more of the relevant criteria (e.g. contain species of high conservation importance, such as great crested newt). The standing water on site was deemed to not meet these criteria. Therefore, standing water is not a notable consideration for any proposed development. Amenity grassland, bare ground, buildings, ditches, improved grassland, introduced shrubs and tall ruderal vegetation The remaining habitats on site are well represented locally, have low-species diversity or can easily be replaced within the new development. Habitats considered to be of relevance to the proposed development are summarised in Table 5.1.

Habitat Type Habitat

of Principal Importance?

Local BAP Habitat?

Summary of Potential Impacts

Hedgerows - Habitat loss

Scattered trees - - Habitat loss

Table 5.1: Summary of Potential Impacts on Notable Habitats

5.4 PROTECTED/NOTABLE SPECIES

The following paragraphs consider the likely impact of the site proposals on protected or notable species. This is based on those species highlighted in the desk study exercise (Chapter 3) and other species for which potentially suitable habitat occurs within or adjacent to the survey area. Mammals Bats The desk study revealed records of twelve species of bat within a 2 km radius, with the closest record being on site. Some of the trees on site have suitable bat roosting features, such as cracks or sections of lifted/peeling bark. Therefore roosting bats are a notable consideration and a recommendation has been given in Section 6.3. The hedgerows and trees on site provide suitable foraging habitat for bats. As well as this, the hedgerows on site provide a commuting corridor to areas within the wider landscape. Therefore foraging bats are a notable consideration and a recommendation has been given in Section 6.3. Badger The desk study revealed seven records of badger within a 2 km radius of the site. There was no evidence of badger using the site noted at the time of survey, such as latrines or snuffle holes. However, there is suitable habitat on site for badgers, as the hedgerows and grassland provides potential foraging habitat. There is also good connections to suitable habitat in the wider area. Therefore, badgers are a notable consideration for any proposed development and a precautionary recommendation for the safety of this animal during the construction phase has been given in Section 6.3. Hedgehog The desk study revealed six records of hedgehog within a 1 km radius of the site, with the closest record being located 1.7 km north. The hedgerows and the grassland provide suitable foraging habitat for hedgehogs. Therefore, hedgehogs are a notable consideration for any proposed development and a precautionary recommendation for the protection of this species during the construction phase has been given in Section 6.3. Otter The desk study revealed a record of an otter located 1.14 km south-east of the survey area. As there are no water bodies on site or in the immediate vicinity, otters are not a notable consideration for any proposed development.



Brown Hare The desk study identified one record of brown hare within a 2 km radius of the survey area, which was located 150 m east of the survey area. The open fields provide suitable foraging habitat for brown hare and it is well connected to suitable habitat in the wider landscape. Therefore, brown hare is a notable consideration for the proposed development and a precautionary recommendation for the protection of this species has been given in Section 6.3. Reptiles The desk study revealed three records of grass snake within a 2 km radius of the site, with the closest record being located 1.3 km south of the survey area. However, the managed nature of the habitats present on site mean that it is generally unsuitable for reptiles. Therefore, reptiles are not a notable consideration for the proposed development. Amphibians The desk study revealed twenty-eight records of great crested newt within a 2 km radius of the site, with the closest record being 390 m south-west. The terrestrial habitat on site is sub-optimal for great crested newts, as the grassland is too managed to be suitable. There is no breeding habitat on site, as the area of standing water is considered to be unsuitable due to the lack of vegetation. However, reference to Ordnance Map survey data and aerial imagery shows there are approximately thirteen potentially suitable ponds with 500 m of the survey area, including one recently created pond adjacent to the site. Therefore, great crested newts are a notable consideration for the proposed development. Birds The desk study revealed records of fifteen species of bird listed as Schedule 1 on the Wildlife and Countryside Act 1981 (as amended) within a 2 km radius of the survey area.The specific breeding ranges and habitat requirement of most of these species meant that they are unlikely to nest within the survey area. However, the site does fall within the breeding range and habitat requirement of barn owls. A pair of barn owls was recorded on site during a bat survey untaken in 2014 (details given in Bat Survey report RT-MME-116943-02). Barn owls are a notable consideration for the proposed development. As well as this, several more common bird species were noted on site at the time of survey. If the works are undertaken in the bird nesting season then there is potential for impact upon nesting birds and as such, a recommendation has been made in Section 6.3. Due to the limited extent of potential nesting and foraging habitat to be removed and the presence of alternative features within the local vicinity, it is considered that the works should not adversely impact upon birds in the long-term. Notable invertebrates The desk study identified numerous notable invertebrates within a 2 km radius of the survey area. The larval foodplants of small heath butterfly, wall butterfly, mouse moth, dusky thorn moth and chalk carpet moth were noted on site at the time of survey, such as bents, willow, ash and clover. Therefore, invertebrates are a notable consideration and a recommendation for the incorporation of these plants into any soft landscaping has been given in Section 6.2. However, due to the commonality of these plant species in the immediate vicinity of the survey area, it is not considered that any works will adversely affect these invertebrates in the long-term. Notable plants The desk study identified numerous notable plant species within a 2 km radius of the survey area. However, there are no suitable habitats for these plant on site, such as woods, rocky outcrops of heathy grassland, and none of these plant species were noted on site at the time of survey. Therefore, these plant species are not a notable consideration for any proposed development. Other Species The following protected species are not considered to be material considerations due to the lack of desk study records and absence of suitable habitats within the development site: dormouse, water vole, white-clawed crayfish and red squirrel. Summary Species considered to be of relevance to the proposed development are summarised in Table 5.2.



Species / Species Group

Species of Principal Importance?

Local BAP Species?

Summary of Potential Impacts

Bats # # Loss of suitable habitat, direct harm or injury

Badger - - Loss of suitable habitat, direct harm or injury

Birds # # Loss of suitable habitat, direct harm or injury

Amphibians # # Loss of suitable habitat, direct harm or injury

Barn owl - Loss of suitable habitat, direct harm or injury

Invertebrates # # Loss of suitable habitat

#: Species dependent

Table 5.2: Summary of Potential Impacts on Notable Species


There were no invasive plant species identified by the desk study or during the field survey. Therefore, invasive plant species are not a notable consideration to the proposed development.

A summary of legislation and policy relevant to the ecology of the site is included in Appendix 2.



6. RECOMMENDATIONS

All recommendations provided in this section are based on Middlemarch Environmental Ltd’s current understanding of the site proposals (Drawing FC/2), correct at the time the report was compiled. Should the proposals alter, the conclusions and recommendations made in the report should be reviewed to ensure that they remain appropriate.


There are no recommendations to be made in regard to nature conservation sites.

6.2 HABITATS

The following recommendations are made regarding the habitats present on site: R1 Habitat Loss and Enhancement: In accordance with the provision of Chapter 11 of the National

Planning Policy Framework (Conserving and Enhancing the Natural Environment) and Local Planning Policy, biodiversity enhancement measures should be incorporated into the landscaping scheme of any proposed works to maximise the ecological value of the site:

Planting of habitats which will be of value to wildlife, such as: native seed/fruit bearing species to provide foraging habitat for mammals and birds; nectar-rich species to attract bees, butterflies and moths; wildflower grassland margins to provide larval food for caterpillars and to attract

butterfly and moth species; and, species which attract night flying insects which will be of value to foraging bats, for

example: evening primrose Oenothera biennis, goldenrod Solidago virgaurea, honeysuckle Lonicera periclymenum and fleabane Pulicaria dysenterica.

Inclusion of hedgehog passes under any fence lines to allow connectivity between the site and the wider area.

Provision of nesting/roosting habitat, such as installation of nest boxes for species such as house sparrow, dense scrub for species such as song thrush, and bat boxes for species such as pipistrelle.

Provision of habitat suitable for small heath and wall butterfly and mouse, dusky thorn and chalk carpet moths. This would include the creation of grassland and trees with bents, willow, ash and clover species. To ensure connectivity between the habitat and other potential habitat in the wider area, this should be located adjacent to the north edge of the site.

R2 Trees and Hedgerows: Any trees and hedgerows on site, or overhanging the site, which are not to

be removed as a part of any proposed works should be protected in accordance with British Standard 5837: 2012 "Trees in relation to design, demolition and construction - recommendations". Protection should be installed on site prior to the commencement of any works on site.

6.3 PROTECTED / NOTABLE SPECIES

To ensure compliance with wildlife legislation and relevant planning policy, the following recommendations are made: R3 Roosting Bats: A Bat Survey was undertaken (RT-MME-116943-02) and all recommendations

within this report should be followed.

R4 Terrestrial Mammals including Badger, Hedgehog and Brown Hare: Any excavations that need to be left overnight should be covered or fitted with mammal ramps to ensure that any animals that enter can safely escape. Any open pipework with an outside diameter of greater than 120 mm must be covered at the end of each work day to prevent animals entering/becoming trapped.

R5 Nesting Birds: Vegetation and building clearance should be undertaken outside the nesting bird

season. The nesting bird season is weather dependent but generally extends between March and September inclusive. If this is not possible then any vegetation and buildings to be removed or disturbed should be checked by an experienced ecologist for nesting birds immediately prior to



works commencing. If birds are found to be nesting any works which may affect them would have to be delayed until the young have fledged and the nest has been abandoned naturally.

R6 Foraging Bats: In line with paragraph 125 of the National Planning Policy Framework, the

development should aim to limit the impact of light pollution on the bats through the careful use of lighting in critical areas only and at a low level with minimum spillage. No lighting should impact on the hedgerows.

R7 Barn Owl: Middlemarch Environmental has been instructed to complete a barn owl survey of the

site. The findings of these surveys will be given in report RT-MME-119476 and all recommendations given within the report should be followed.

R8 Great Crested Newt: Middlemarch Environmental has been instructed to complete a great crested

newt habitat suitability index of the site. The findings of these surveys will be given in report RT-MME-119476 and all recommendations given within the report should be followed.


There are no recommendations to be made in regards to invasive plant species.



7. DRAWINGS

Drawing C119326-01 –Phase 1 Habitat Map Drawing FC/2 - Framework Strategy Plan

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Triumph House, Birmingham Road, Allesley, Coventry CV5 9AZT:01676 525880 F:01676 521400

E:[email protected]$

C119326-01

Project

Drawing

Client

Drawing Number

Scale @ A4

Approved By Drawn By

Date

RevisionC119326-01

1:3,500JH RP

April 201500

Staffordshire County Council and First City Ltd.

Updated PEA

Glenville Farm and Land adjoining Tutbury Road, Burton upon TrentLegend

Site boundary&§ Scattered tree

Dry ditchSpecies-poor defunct hedgerowAmenity grassland

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! ! !Bare groundBuildingHardstandingImproved grasslandStanding waterTall ruderal/Target note

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Crown copyright and may lead to prosecution of civil proceedings. Licence Number: 100040519!H

A

I



TARGET NOTES

1. Double wooden post and barb wire fence with central ditch feature to 0.5 m deep, vegetated by

nettle, thistles, cleavers and coarse grasses. Eastern section of fence comprising sections of tightly

clipped hawthorn with elder to 1.6 m in height.

2. Tightly clipped hawthorn dominated hedgerow with blackthorn, holly, elder and dog rose. Regularly

trimmed to 1.6 m in height with some gaps noted. Hedge base contains a mixture of common tall

herbs and coarse grasses. Some sections of ditch present on southern side of boundary containing

large amounts of common tall herbs including great wilowherb, nettle and creeping thistle. Several

sections of the ditch holds standing water, <5 cm depth, with scum noted on the surface. In these

areas of standing water, stands of soft rush were present.

3. Garden boundaries around residential property consisted of wooden post/rail and barb wire fencing.

4. Section of dense and tightly clipped hawthorn hedgerow to 1.8 m in height.

5. Hawthorn dominated roadside hedge with elder and blackthorn to 1.5 m in height with false oat

grass, ivy, umbellifers and cocksfoot in hedge bottom. Slight depression/ditch noted on the roadside

which appeared to be dry.

6. Hawthorn dominated hedge with elder, dog rose and blackthorn to 2 m in height and clipped to ‘A’

shape to 2.25 m in height in places. Some basal grazing with cow thistle, nettle and ivy present.

7. Hawthorn dominant hedgerow with frequent bramble and some dog rose to 2 m in height. Coarse

grasses and talll ruderals in hedge base.

8. Roadside length of hedge comprised neatly clipped length of hawthorn dominated hedgerow with

abundant bramble and elder, blackthorn and dog rose.

9. Large ash in roadside hedgerow with some bat roost potential.

10. Managed hawthorn dominated hedgerow with elder, blackthorn and abundant bramble. Occasional

small gap noted but generally in good condition to 1.5 m in height. Hedge base vegetated by a

mixture of common coarse grasses and tall ruderals.

11. Managed hawthorn dominated hedgerow with elder, blackthorn and abundant bramble. Generally in

good condition to 1.5 m in height. Hedge base vegetated by a mixture of common coarse grasses

and tall ruderals.

12. Semi-mature ash tree in field corner with a large wound and occluding bark at 1.3 m.

13. Clipped hedge dominated by blackthorn with hawthorn, elder and dog rose to 2 m in height.

The hedge measured between 1 – 2 m wide with a ditch noted on the northern side. The ditch was

approximately 1 m deep and predominantly dry. Small areas held some shallow water.

14. Tall and rather ‘leggy; roadside hedgerow to 4 m in height. Hawthorn dominates with hazel,

blackthorn, sallow with several mature oak and one large crack willow – none of the large trees

appear to have any obvious bat roost potential. Bramble in hedge base with umbellifers and coarse

grasses. Wide verge on eastern side of hedge up to road edge with frequent young ash trees. In

south-eastern corner of hedge section were three large ash trees that have some, albeit minor, bat

roost potential.

15. ‘A’ shaped un-clipped length of hedgerow to 2 m in height with co-dominant hawthorn and

blackthorn. Also containing elder, holly and dog rose. Basal marginal strip of coarse grases and tall

ruderals with some hop noted. Very large ash tree present in hedgerow covered in dense ivy which

may offer some bat roost potential.

16. Eastern perimeter boundary of ‘The Homestead’ consisted of wooden post and rail fencing with a

length of 1.5 m tall hawthorn hedgerow with bramble and apple tree noted.

17. Wooden post and rail boundary fence with hawthorn hedge to 1.5 m in height and un-clipped.

18. Field corner contains abundant nettle and used as a supplementary cattle feeding area. Tightly

clipped hatwhorn hedgerow to 1.8 m in height along residential property boundary.

19. Double wooden post and stock netting/barb wire fence with central 1 m wide ditch vegetated by

creeping thistle and nettle with clumps of dense bramble scrambling along fenceline.

20. Blackthorn dominated hedgerow with elder and hawthorn to 2 m in height and with good overall

structure.



21. Hawthorn dominant hedgerow with blackthorn, elder and dog rose to 2 m in height in generally good

condition. On the eastern side of the hedge was a 2 m wide ditch enclosed by a wooden post and

rail fence and vegetated with creeping thistle, nettle and bramble.

22. Wooden post and stock-netting fence with shallow ditch feature to 1 m in width and vegetated by a

mixture of false oat grass and creeping thistle. Un-clipped hawthorn 1.8 m hedgerow forming

boundary of adjacent garden area.

23. ‘A’ shaped un-clipped hedgerow to 2 m in height and dominated by hawthorn with blackthorn and

elder. Frequent bramble present and basal vegetation consisting of coarse grasses and common tall

ruderal species. Some hop noted scambling along hedge too.

24. Un-clipped hawthorn hedgerow to 1.8 m in height with some blackthorn and dog rose. Good overall

structure with basal margin of bramble, nettle, field bindweed and cleavers.

25. Mature ash with cracks, splits and apertures that appear to offer some bat roost potential.

26. This section of blackthorn hedge has been allowed to grow on to 4 m in height and width and is

beginning to form a dense blackthorn thicket.

27. Mature oak tree with visible cracks and splits noted which offer some bat roost potential.

28. Managed hawthorn dominant hedgerow to 1.5 m in height with some elder.

29. Hawthorn dominant hedgerow with blackthorn, elder and dog rose to 2 m in height and in generally

good condition. Bramble frequently recorded.

30. Group of four fruit trees to 4-5 m in height. Bark has been eaten/rubbed smooth by livestock.

Surrounding ground consists of improved grassland and some cleared areas of exposed earth.

31. Area of exposed earth that appears to have been recently cleared.

32. Farming building that has been demolished with only a footprint remaining.

33. Area vegetated with stands of hemlock, sow thistle, prickly lettuce, thistles and clumps of bramble.

34. Farm complex containing a selection of units and buildings used for housing of livestock. Buildings

generally in good condition but with some potential for use by bats and nesting birds. Surrounding

garden boundaries comprised wooden post and stock-netting fencing with scattered cherry, walnut

and whitebeam adjacent to fencing. Some sections of clipped cypress were present too to 4 m in

height.

35. Small paddock area enclosed by clipped hawthorn hedgerows on three sides. Close grazed sward

with large amounts of colonising nettle.

36. Hawthorn dominated hedgerow to 2 m in height with elder and blackthorn also present.

37. Wooden post and barb wire fence either side of central ditch vegetated with nettle, bramble, thistles

and false oat grass. Poor length of hedgerow also present, large gaps and poor structure, 1.5-2 m in

height.

38. Bare/colonising ground with scattered farm machinery.

39. Boundaries around residential property ‘Holmcroft’ comprise lengths of brick wall and wooden post

and rail fence.

40. Clipped hawthorn hedge to 1.6 m in height. Occasional elder present with tall ruderals at base. Ditch

located on southern side of hedge that contained small areas of stagnant standing water.

41. Former slurry pond that now contains only shallow areas of water and has been colonised by coarse

grass and ruderal vegetation.

42. Newly created balancing pond on adjacent development.

43. Ditch soakaway with outflow pipe. Contained some shallow water with no aquatic vegetation.

44. Over mature willow with substantial damage. No bat potential noted.

45. Newly planted hedgerow along the boundary of an adjacent development.

Schematic Framework Strategy

Site Boundary

Indicative Residential Development

( a pplication area 12.39ha @ 39dph

approx 490 dwellings)

Key Frontage

Primary Access Roads

Public Open Space

Green link

2 Storey Maisonettes

( T he remainder of the site will

be two storey dwellings )

20.4ha

13.58ha

5.66ha

0.56ha

0.72ha

Local Centre Uses

Proposed car park for

Recreational/ Resident Use

Proposed special Care Use

Land at Glenville Farm, Off Tutbury Road

Gross Area of site

Approximate Developable Area

Approximate Proposed Green Space Provision

Proposed Local Centre Uses

Proposed Special Care Use

Proposed Special Care Use

20.5ha

12.39ha

6.60ha

0.55ha

0.23ha

Drawing No.: FC/ 2

P/2015/00202

Received 10/02/15



8. PHOTOGRAPHS

Plate 1: Farmhouse buildings Plate 2: Dry ditch

Plate 3: Standing water in ditch Plate 4: Hedgerow

Plate 5: Improved grassland Plate 6: Scattered trees



Plate 7: Standing water Plate 8: Footprint of demolished building

Plate 9: Rubble piles and bare ground Plate 10: Pond adjacent to site



REFERENCES AND BIBLIOGRAPHY

British Standards Institution (2013). British Standard 42020: 2013. Biodiversity – Code of practice for

planning and development. British Standards Institution, London. British Standards Institution. (2012). British Standard 5837:2012, Trees in relation to design, demolition and

construction – recommendations. British Standards Institution, London. Department for Communities and Local Government (2012). National Planning Policy Framework. Available:

http://www.communities.gov.uk/planningandbuilding/planningsystem/planningpolicy/planningpolicyframework/

Institute of Environmental Assessment. (1995). Guidelines for Baseline Ecological Assessment, Institute of

Environmental Assessment. E&FN Spon, An Imprint of Chapman and Hall. London. Joint Nature Conservation Committee (2010). Handbook for Phase 1 Habitat Survey: A technique for

environmental audit (reprint). Joint Nature Conservation Committee, Peterborough. Joint Nature Conservation Committee (2012). UK Post-2010 Biodiversity Framework. Available:

http://jncc.defra.gov.uk/pdf/UK_Post2010_Bio-Fwork.pdf Middlemarch Environmental Ltd (2011). Land off Tutbury Road/Harehedge Lane - Extended Phase 1 Habitat

Survey RT-MME-109855 Middlemarch Environmental Ltd (2013). Land off Tutbury Road/Harehedge Lane - Extended Phase 1 Habitat

Survey RT-MME-113587 Middlemarch Environmental Ltd (2014). Glenville farm and land situated off Tutbury road, Staffordshire-

Daytime Bat Survey RT-MME-116943-01 Middlemarch Environmental Ltd (2014). Glenville farm and land situated off Tutbury road, Staffordshire- Bat

Survey RT-MME-116943-02



APPENDICES

APPENDIX 1: Summary of Statutory Nature Conservation Sites Within 2 km APPENDIX 2: Overview of Relevant Legislation and Policy



APPENDIX 1

Summary of Statutory Nature Conservation Sites Within 2 km



Site Check Report Report generated on Wed Apr 29 2015 You selected the location: Centroid Grid Ref: SK236263 The following features have been found in your search area: Ramsar Sites (England) No Features found Special Areas of Conservation (England)

No Features found Special Protection Areas (England) No Features found Local Nature Reserves (England) Reference 1475817 Name KINGFISHER TRAIL Hectares 1.81 Hyperlink http://www.lnr.naturalengland.org.uk/special/lnr/lnr_details.asp?themeid=1475817

Ancient Woodland (England) No Features found National Nature Reserves (England) No Features found Sites of Special Scientific Interest (England) Name OLD RIVER DOVE, MARSTON ON DOVE Reference 1002254 Natural England Contact REBECCA BUTTERS Natural England Phone Number

0845 600 3078 Hectares 1.44 Citation 1001024 Hyperlink http://designatedsites.naturalengland.org.uk/SiteDetail.aspx?SiteCode=s1001024 SSSI Impact Risk Zones – to assess planning applications for likely impacts on SSSIs/SACs/SPAs & Ramsar sites (England) 1. DOES PLANNING PROPOSAL FALL INTO ONE OR MORE OF THE CATEGORIES BELOW? 2. IF YES, CHECK THE CORRESPONDING DESCRIPTION(S) BELOW. LPA SHOULD CONSULT NATURAL ENGLAND

ON LIKELY RISKS FROM THE FOLLOWING: All Planning Applications Infrastructure Airports, helipads and other aviation proposals. Wind & Solar Energy Quarry Planning applications for quarries, including: new proposals, Review of Minerals Permissions (ROMP), extensions, variations to conditions etc. Rural Non Residential Residential Rural Residential Air Pollution

Pig & Poultry Units. Combustion Waste Composting Discharges Any discharge of water or liquid waste that is more than 5,000 litres/day. The water needs to either be discharged to ground (ie to seep away) or to surface water, such as a beck or stream. Discharges to mains sewer are excluded. Water Supply Guidance /Metadata_for_magic/SSSI IRZ User Guidance v2.1 MAGIC 09March2015.pdf





APPENDIX 2

Overview of Relevant Legislation and Policy



This section provides an overview of the framework of legislation and policy which underpins nature conservation and is a material consideration in the planning process in England. GENERAL BIODIVERSITY LEGISLATION AND POLICY Conservation of Habitats and Species Regulations 2010, as amended (Habitats Regulations 2010, as amended) The Habitats Regulations 2010 consolidate and update the Conservation (Natural Habitats, &c.) Regulations 1994 and all its various amendments. The Habitats Regulations 2010 are the principal means by which the EEC Council Directive 92/43 (The Habitats Directive) as amended is transposed into English and Welsh law. The Habitats Regulations 2010 place duty upon the relevant authority of government to identify sites which are of importance to the habitats and species listed in Annexes I and II of the Habitats Directive. Those sites which meet the criteria are, in conjunction with the European Commission, designated as Sites of Community Importance, which are subsequently identified as Special Areas of Conservation (SAC) by the European Union member states. The regulations also place a duty upon the government to maintain a register of European protected sites designated as a result of EC Directive 79/409/EEC on the Conservation of Wild Birds (The Birds Directive). These sites are termed Special Protection Areas (SPA) and, in conjunction with SACs, form a network of sites known as Natura 2000. The Habitats Directive introduces for the first time for protected areas, the precautionary principle; that is that projects can only be permitted having ascertained no adverse effect on the integrity of the site. Projects may still be permitted if there are no alternatives, and there are imperative reasons of overriding public interest. The Habitats Regulations 2010 also provide for the protection of individual species of fauna and flora of European conservation concern listed in Schedules 2 and 5 respectively. Schedule 2 includes species such as otter and great crested newt for which the UK population represents a significant proportion of the total European population. It is an offence to deliberately kill, injure, disturb or trade these species. Schedule 5 plant species are protected from unlawful destruction, uprooting or trade under the regulations. The Habitats Regulations 2010 were amended in August 2012 to ensure clearer transposition of the provisions of Articles 2, 3, 4(4) (second sentence) and Article 10 of the Wild Birds Directive, by giving additional and specific duties to relevant bodies. A number of amendments were also made to transpose more clearly certain elements of the Habitats Directive. The Wildlife and Countryside Act (WCA) 1981 (as amended) The WCA, as amended, consolidates and amends pre-existing national wildlife legislation in order to implement the Bern Convention and the Birds Directive. It complements the Habitat Regulations 2010 (as amended), offering protection to a wider range of species. The Act also provides for the designation and protection of national conservation sites of value for their floral, faunal or geological features, termed Sites of Special Scientific Interest (SSSIs). Schedules of the act provide lists of protected species, both flora and fauna, and detail the possible offences that apply to these species. All relevant species specific legislation is detailed later in this Appendix. The Countryside and Rights of Way (CRoW) Act 2000 The CROW Act, introduced in England and Wales in 2000, amends and strengthens existing wildlife legislation detailed in the WCA. It places a duty on government departments and the National Assembly for Wales to have regard for biodiversity, and provides increased powers for the protection and maintenance of SSSIs. The Act also contains lists of habitats and species (Section 74) for which conservation measures should be promoted, in accordance with the recommendations of the Convention on Biological Diversity (Rio Earth Summit) 1992. The Natural Environment and Rural Communities (NERC) Act 2006 Section 40 of the NERC Act places a duty upon all local authorities and public bodies in England and Wales to promote and enhance biodiversity in all of their functions. Sections 41 (England) and 42 (Wales) list habitats and species of principal importance to the conservation of biodiversity. These lists superseded Section 74 of the CRoW Act 2000.



The Hedgerow Regulations 1997 The Hedgerow Regulations make provision for the identification of important hedgerows which may not be removed without permission from the Local Planning Authority. UK Biodiversity Action Plan The United Kingdom Biodiversity Action Plan (UK BAP), first published in 1994 and updated in 2007, was a government initiative designed to implement the requirements of the Convention of Biological Diversity to conserve and enhance species and habitats. The UK BAP contained a list of priority habitats and species of conservation concern in the UK, and outlined biodiversity initiatives designed to enhance their conservation status. Lists of Broad and Local habitats were also included. The priority habitats and species correlated with those listed on Section 41 and 42 of the NERC Act. The UK BAP required that conservation of biodiversity was addressed at a County level through the production of Local BAPs. These were complementary to the UK BAP, however were targeted towards species of conservation concern characteristic of each area. In addition, a number of local authorities and large organisations have produced their own BAPs. Species and Habitats of Material Consideration for Planning in England In 2011, the government published the ‘Biodiversity 2020: A strategy for England’s wildlife and ecosystem services’ to replace the previous England Biodiversity Strategy. In 2012 the UK BAP was replaced by the UK Post-2010 Biodiversity Framework. Previous planning policy (and some supporting guidance which is still current, e.g. ODPM Circular 06/2005, now under revision), refers to UK BAP habitats and species as being a material consideration in the planning process. Equally many local plans refer to BAP priority habitats and species. Both remain as material considerations in the planning process but such habitats and species are now described as Species and Habitats of Principal Importance for Conservation in England, or simply priority habitats and priority species under the UK Post-2010 Biodiversity Framework. The list of habitats and species remains unchanged and is still derived from Section 41 list of the Natural Environmental and Rural Communities (NERC) Act 2006. As was previously the case when it was a BAP priority species hen harrier continues to be regarded as a priority species although it does not appear on the Section 41 list. NATIONAL PLANNING POLICY FRAMEWORK AND PRACTICE GUIDANCE In early 2012, the National Planning Policy Framework (NPPF) replaced much previous planning policy guidance, including Planning Policy Statement 9: Biological and Geological Conservation. The government circular 06/05: Biodiversity and Geological Conservation - Statutory Obligations and Their Impact within the Planning System, which accompanied PPS9, still remains valid. A presumption towards sustainable development is at the heart of the NPPF. This presumption does not apply however where developments require appropriate assessment under the Birds or Habitats Directives. Chapter 11, on conserving and enhancing the natural environment, sets out how the planning system should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and, where possible, provide net gains in biodiversity. Opportunities to incorporate biodiversity gains into a development should be encouraged. If a proposed development would result in significant harm to the natural environment which cannot be avoided (through the use of an alternative site with less harmful impacts), mitigated or compensated for (as a last resort) then planning permission should be refused. In March 2014 the Department for Communities and Local Government released guidance to support the National Planning Policy Framework (NPPF), known as the National Planning Practice Guidance (NPPG). This has been produced to provide guidance for planners and communities which will help deliver high quality development and sustainable growth in England. The guidance includes a section entitled ‘Natural Environment: Biodiversity, ecosystems and green infrastructure’ which sets out information with respect to the following:

the statutory basis for minimising impacts on biodiversity and providing net gains where possible;

the local planning authority’s requirements for planning for biodiversity;

what local ecological networks are and how to identify and map them;



the sources of ecological evidence;

the legal obligations on local planning authorities and developers regarding statutory designated sites and protected species;

the considerations for local (non-statutory) designated sites;

definition of green infrastructure;

where biodiversity should be taken into account in preparing a planning application;

how development can enhance biodiversity;

how policy is applied to avoid, mitigate or compensate for significant harm to biodiversity and how mitigation and compensation measures can be ensured; and,

the consideration of ancient woodlands and veteran trees in planning decisions. LOCAL PLANNING POLICY East Staffordshire New Local Plan East Staffordshire Borough Council is in the process of preparing a new plan which will replace the adopted Local Plan in providing the planning framework for all new development proposals in East Staffordshire. East Staffordshire Adopted Local Plan The East Staffordshire Local Plan 2006 is the current adopted development plan and is used to assess planning applications. The policies relevant to ecology are:

Policy CSP6: National Forest The National Forest covers both the south-eastern rural areas of East Staffordshire and the urban centre of Burton upon Trent. The Borough Council will pursue a robust and imaginative approach towards development in the area whilst ensuring that the commercial return from development will help to support implementation of the Forest Strategy. Through more detailed policies elsewhere in the Plan, the Borough Council will promote:

Conversion of land to woodland and other Forest related purposes through planning obligations;

Enhancement of built development through related landscaping;

The Forest as an exemplar of sustainable development;

The development of tourism, leisure, rural diversification and the woodland economy;

New developments that relate well to their National Forest setting. Policy NE14: National Forest: Planting Schemes In assessing the adequacy of the planting scheme for individual development proposals within the boundary of the National Forest, the Borough Council will have regard to the aims of the National Forest Strategy and the following criteria:

(a) The existing landscape character of the site and the surrounding locality in accordance with policy NE4 and as described in Supplementary Planning Guidance; (b) The extent to which National Forest planting guidelines contained in Appendix 8 have been

followed in the submission of the planning application; (c) Any physical, ecological, archaeological or environmental constraints affecting the site; (d) The extent to which the scheme reflects its National Forest context and provides an

appropriate landscaped setting for the development, including any off-site planting; (e) The scale, type and characteristics of the development.

Policy NE15: National Forest: Implementation of Planting Schemes Implementation of planting and landscaping schemes for approved new development in the National Forest will be secured by means of conditions, or the negotiation of a planning obligation, or a combination of those measures appropriate to the individual circumstances of the application. The measures may include, as appropriate:

(a) The means and time scale for implementation; (b) The nature of any obligation in respect of off-site planting; (c) Details for the payment of a commuted sum in lieu of planting;



(d) Secure arrangements for the management and maintenance of such landscaped areas, including any open space, by an appropriate person or body. Measures to secure the proper management of woodlands within the National Forest will be in accordance with the:

(a) Aims of the National Forest; (b) Interests of visual amenity; (c) Desirability of maximising public access where appropriate; (d) Principles of good woodland management; (e) Maintaining and enhancing the nature conservation resource; (f) Retention and enhancement of the landscape character.

Policy L2: Landscaping and Greenspace: Assessment Where development of 10 or more dwellings occurs in areas that are deficient either in terms of basic access to greenspace or to greenspace of an appropriate quality, the developer will be required to contribute towards addressing these deficiencies – in proportion to the demand created by the development (the relevant basis for assessment of a development against local standards for accessibility and quality of Greenspaces is set out in detail in the Borough Council‟s Greenspace Supplementary Planning Guidance). On development sites not including housing, equipped play provision will not be required but the developer should seek to make provision for amenity space – designed to complement the nature of the development – and within the National Forest woodland planting in accordance with Policy NE15.

These requirements must be secured by legally binding arrangements on or before the issue of planning permission. The future maintenance of the public greenspace and their associated facilities must be provided for, either by the transfer of the relevant land to a public authority together with payment of an appropriate commuted sum, or by some other agreed arrangement giving equal security for long-term maintenance. Core Strategy Issues and Options Natural Environment: Green infrastructure is an essential component of sustainable development. It is the network of green spaces and natural elements that connect our towns and villages. It is open spaces, waterways, woodlands, street trees, natural heritage and open countryside. The possible growth within the Borough provides the opportunity to integrate green infrastructure with planning and policy. We already have many green assets and high quality environments. However, there are also many areas that suffer from a poor environment. Often these areas also suffer from social and economic decline. The Core Strategy should recognise and provide the context to review environmental decline, enhance existing green assets and harness the potential of green infrastructure to underpin an urban and rural renaissance and drive the Borough forward. Other issues to consider are:

New development may provide the opportunity for new and or improved spaces and for improving the biodiversity of open spaces within the development

The density of new development will affect open space requirements i.e. development spread across many settlements may have a different local impact

The value of green spaces for providing opportunities for ‘green travel’

The impact on air quality of open spaces

The health benefits of open spaces

Opportunities provided by parks and open spaces and allotments to contribute to sustainability objectives

Designation of open spaces to protect areas of existing landscape or habitat quality



SPECIES SPECIFIC LEGISLATION This section contains a summary of legislation with relation to the species present or potentially present in the survey area. The reader should refer to the original legislation for definitive interpretation. Badger Badgers and their setts are protected under the Protection of Badgers Act 1992. The Protection of Badgers Act 1992 is based primarily on the need to protect badgers from baiting and deliberate harm or injury, badgers are not protected for conservation reasons. The following are criminal offences:

To intentionally or recklessly interfere with a sett. Sett interference includes disturbing badgers whilst they are occupying a sett, as well as damaging or destroying a sett or obstructing access to it.

To wilfully kill, injure, take, possess or cruelly ill-treat a badger, or to attempt to do so.

A badger sett is defined in the legislation as:

‘Any structure or place that displays signs indicating current use by a badger’. ‘Current use’ is not synonymous with current occupation and a sett is defined as such (and thus protected) as long as signs of current usage are present. Therefore, a sett is protected until such a time as the field signs deteriorate to such an extent that they no longer indicate ‘current usage’. Badger sett interference can result from a multitude of operations including excavation and coring, even if there is no direct damage to the sett, such as through the disturbance of badgers whilst occupying the sett. Any intentional or reckless work that results in the interference of badger setts is illegal without a licence from Natural England30. In England a licence must be obtained from Natural England before any interference with a badger sett occurs. Badgers are priority species on the Staffordshire Local BAP. The reader should refer to the original legislation for the definitive interpretation. Bats Bats and the places they use for shelter or protection (i.e. roosts) receive European protection under The Conservation of Habitats and Species Regulations 2010, as amended (Habitats Regulations 2010, as amended). They receive further legal protection under the Wildlife and Countryside Act (WCA) 1981, as amended. This protection means that bats, and the places they use for shelter or protection, are capable of being a material consideration in the planning process. Regulation 41 of the Habitats Regulations 2010 (as amended), states that a person commits an offence if they:

deliberately capture, injure or kill a bat;

deliberately disturb bats; or

damage or destroy a bat roost (breeding site or resting place). Disturbance of animals includes in particular any disturbance which is likely to impair their ability to survive, to breed or reproduce, or to rear or nurture their young, or in the case of animals of a hibernating or migratory species, to hibernate or migrate; or to affect significantly the local distribution or abundance of the species to which they belong. It is an offence under the Habitats Regulations 2010 (as amended) for any person to have in his possession or control, to transport, to sell or exchange or to offer for sale, any live or dead bats, part of a bat or anything derived from bats, which has been unlawfully taken from the wild. Whilst broadly similar to the above legislation, the WCA 1981 (as amended) differs in the following ways:



Section 9(1) of the WCA makes it an offence to intentionally (rather than deliberately) kill, injure or take any protected species.

Section 9(4)(a) of the WCA makes it an offence to intentionally or recklessly* damage or destroy, or obstruct access to, any structure or place which a protected species uses for shelter or protection.

Section 9(4)(b) of the WCA makes it an offence to intentionally or recklessly* disturb any protected species while it is occupying a structure or place which it uses for shelter or protection.

*Reckless offences were added by the Countryside and Rights of Way (CRoW) Act 2000. As bats re-use the same roosts (breeding site or resting place) after periods of vacancy, legal opinion is that roosts are protected whether or not bats are present. The following bat species are Species of Principal Importance for Nature Conservation in England: Barbastelle Bat Barbastella barbastellus, Bechstein’s Bat Myotis bechsteinii, Noctule Bat Nyctalus noctula, Soprano Pipistrelle Pipistrellus pygmaeus, Brown Long-eared Bat Plecotus auritus, Greater Horseshoe Bat Rhinolophus ferrumequinum and Lesser Horseshoe Bat Rhinolophus hipposideros. All bat species which occur within the county are priority species on the Staffordshire Local BAP. The reader should refer to the original legislation for the definitive interpretation. Birds The Conservation of Habitats and Species Regulations 2010 (as amended) places a duty on public bodies to take measures to preserve, maintain and re-establish habitat for wild birds. Nesting and nest building birds are protected under the Wildlife and Countryside Act WCA 1981 (as amended). Subject to the provisions of the act, if any person intentionally:

kills, injures or takes any wild bird;

takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or

takes or destroys an egg of any wild bird, he shall be guilty of an offence. Some species (listed in Schedule 1 of the WCA) are protected by special penalties. Subject to the provisions of the act, if any person intentionally or recklessly:

disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or

disturbs dependent young of such a bird, he shall be guilty of an offence. Several bird species are Species of Principal Importance for Nature Conservation in England, making them capable of being material considerations in the planning process. Hedgehog Hedgehogs receive some protection under Schedule 6 of the Wildlife and Countryside Act 1981 (as amended); this section of the Act lists animals which may not be killed or taken by certain methods, namely traps and nets, poisons, automatic weapons, electrical devices, smokes/gases and various others. Humane trapping for research purposes requires a licence. Hedgehogs are a Species of Principal Importance for Nature Conservation in England and are thus capable of being material considerations in the planning process. Reptiles All of the UK’s native reptiles are protected by law. The two rarest species – sand lizard (Lacerta agilis) and smooth snake (Coronella austriaca) – benefit from the greatest protection; however these two species are not known to occur within Staffordshire. Common lizard (Zootoca vivipara), slow-worm (Anguis fragilis), adder (Vipera berus) and grass snake (Natrix natrix) are protected under the Wildlife and Countryside Act 1981 as amended from intentional killing or injuring.



In England and Wales, this Act has been amended by the Countryside and Rights of Way Act 2000 (CRoW), which adds an extra offence, makes species offences arrestable, increases the time limits for some prosecutions and increases penalties. The Natural Environment and Rural Communities (NERC) Act 2006 places a duty on Government Departments to have regard for the conservation of biodiversity and maintains lists of species and habitats which are of principal importance for the purposes of conserving biodiversity in England and Wales. All native reptile species are included on these lists. This is a simplified description of the legislation. In particular, the offences mentioned here may be absolute, intentional, deliberate or reckless. Note that where it is predictable that reptiles are likely to be killed or injured by activities such as site clearance, this could legally constitute intentional killing or injuring. Great Crested Newt Great crested newts (GCN) and the places they use for shelter or protection receive European protection under The Conservation of Habitats and Species Regulations 2010, as amended (Habitats Regulations 2010, as amended). They receive further legal protection under the Wildlife and Countryside Act (WCA) 1981, as amended. This protection means that GCN, and the places they use for shelter or protection, are capable of being a material consideration in the planning process. Regulation 41 of the Habitats Regulations 2010 (as amended), states that a person commits an offence if they:

deliberately capture, injure or kill a GCN;

deliberately disturb GCN;

deliberately take or destroy eggs of a GCN; or

damage or destroy a GCN breeding site or resting place.

Disturbance of animals includes in particular any disturbance which is likely to impair their ability to survive, to breed or reproduce, or to rear or nurture their young, or in the case of animals of a hibernating or migratory species, to hibernate or migrate; or to affect significantly the local distribution or abundance of the species to which they belong.

It is an offence under the Habitats Regulations 2010 (as amended) for any person to have in his possession or control, to transport, to sell or exchange or to offer for sale, any live or dead GCN, part of a GCN or anything derived from GCN, which has been unlawfully taken from the wild. This legislation applies to all life stages of GCN. Whilst broadly similar to the above legislation, the WCA 1981 (as amended) differs in the following ways:

Section 9(1) of the WCA makes it an offence to intentionally (rather than deliberately) kill, injure or take any protected species.

Section 9(4)(a) of the WCA makes it an offence to intentionally or recklessly* damage or destroy, or obstruct access to, any structure or place which a protected species uses for shelter or protection.

Section 9(4)(b) of the WCA makes it an offence to intentionally or recklessly* disturb any protected species while it is occupying a structure or place which it uses for shelter or protection.

*Reckless offences were added by the Countryside and Rights of Way (CRoW) Act 2000. The reader should refer to the original legislation for the definitive interpretation.

Documents

GLENVILLE FARM AND LAND ADJOINING TUTBURY ROAD, BURTON ... · PDF fileTUTBURY ROAD, BURTON-UPON-TRENT, STAFFORDSHIRE PRELIMINARY ECOLOGICAL ASSESSMENT A Report to: ... Hedgehog and