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www.wyg.com creative minds safe hands Denbighshire County Council Blessed Edward Jones Catholic High School & Ysgol Mair Primary School Preliminary Ecological Appraisal 20 October 2017 Quay West at MediaCityUK, Trafford Wharf Road, Trafford Park, Salford Quays, Manchester, M17 1HH Tel: 0161 874 8737 Email: [email protected]
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Page 1: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

www.wyg.com creative minds safe hands

Denbighshire County Council

Blessed Edward Jones Catholic

High School & Ysgol Mair Primary

School

Preliminary Ecological Appraisal

20 October 2017

Quay West at MediaCityUK, Trafford Wharf Road, Trafford Park, Salford Quays, Manchester, M17 1HH

Tel: 0161 874 8737

Email: [email protected]

Page 2: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:

Preliminary Ecological Appraisal

Denbighshire County Council September 2017

A104086

Document Control

Project: Blessed Edward Jones Catholic High School & Ysgol Mair

Client:

Denbighshire County Council

Job Number: A104086

File Origin: O:\Projects\Projects A104000\A104086 Rhyl Catholic School Site\REPORTS

Issue 1 14/09/2017 FINAL

Prepared by:

Katy Allan MCIEEM

Senior Ecologist

Checked By:

Michelle Nesbitt ACIEEM Project Ecologist

Verified By:

Rachel Kerr MCIEEM CEnv Associate Ecologist

Issue 2 20/10/2017 FINAL

Prepared by:

Alexander Baldwin MCIEEM

Senior Ecologist

Ecological Appraisal separated from BREEAM Assessment (all BREEAM content removed from this

version of report).

WYG Environment Planning Transport Ltd. accept no responsibility or liability for the use which is made of this document

other than by the Client for the purpose for which it was originally commissioned and prepared.

Page 3: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:

Preliminary Ecological Appraisal

Denbighshire County Council September 2017

A104086

Contents Page

1.0 Introduction ................................................................................................................................ 4

2.0 Methods ..................................................................................................................................... 5

3.0 Survey Results ............................................................................................................................ 9

4.0 Relevant Planning Policy & Legislation ........................................................................................ 22

5.0 Discussion and Recommendations .............................................................................................. 26

6.0 Summary Recommendations ...................................................................................................... 32

Appendix Contents

Appendix A – Existing Site Layout – Habitats Pre-Development

Appendix B – Proposed Site Layout

Appendix C – Vascular Plant Species List

Appendix D – Building Descriptions and Bat Feature Target Note Plan

Appendix E – Legislation

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Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:

Preliminary Ecological Appraisal

Denbighshire County Council September 2017

A104086

1.0 Introduction

1.1 Background

WYG was commissioned by Denbighshire County Council in September 2017 to undertake a preliminary

ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School

(hereafter referred to as the site). The PEA assessment was completed prior to the development of the site.

1.2 Site Description

The existing site comprises Blessed Edward Jones Catholic High School, Ysgol Mair Primary School and an

associated nursery. In addition to the main school buildings there are also two plant room buildings and a

garage building within the grounds of the site. The external areas of the site comprise amenity grassland,

hard standing, tall ruderal, dense scrub, ornamental planting, hedgerow and scattered trees. In addition,

there is an existing wildlife garden and a pond. Metal security fencing segregates sections of the external

grounds and also form a barrier between Blessed Edward Jones Catholic High School and Ysgol Mair

Primary School. The figure depicting the existing site layout existing is included in Appendix A.

1.3 Proposed Development

The proposed development of the site will comprise the demolition of the existing buildings and

construction of a new school building with associated amenity areas including multiple sports pitches, a

running track, cycle tracks, soft play areas and car parking facilities. The proposals also include the

retention of some of the existing trees in the site and the creation of areas of new tree planting,

ornamental planting, native species buffer planting, amenity grassland and species rich meadow planting.

The hard landscaping will occupy the majority of the proposed site footprint. A figure illustrating the

proposed site layout for the scheme is provided in Appendix B.

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Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:

Preliminary Ecological Appraisal

Denbighshire County Council September 2017

A104086

2.0 Methods

2.1 General

The ecological assessment of the site has been completed based on data gathered during the PEA survey of

the site and a desktop study. The existing site layout is included in Appendix A (Habitats Pre-Development).

2.2 Desktop study

A request for records of protected and notable species and habitats was made from Cofnod in September

2017. Cofnod is the Local Environmental Records Centre for North Wales.

In addition, a search for relevant nature conservation designations and protected and notable species

within 1km of the proposed development site was made of the following websites:

• www.denbighshirecountryside.org.uk/action_plan– Denbighshire LBAP; and,

• http://www.leglislation.gov.uk/anaw/2016/3/contents – Environment (Wales) Act 2016 –

species and habitats of principal importance under Part 1, Section 7.

2.3 Site Survey

The site survey was conducted by Katy Allan and Shaun Allan on 7th September 2017.

The PEA survey comprised an assessment of the range of habitats within and immediately adjacent to the

site and was conducted in general accordance with the standard Phase 1 habitat survey methodology1. In

addition to identifying habitat types, the vascular plants of each habitat were recorded. Species

nomenclature was undertaken in accordance with Stace (2010)2. The site was also appraised for its

suitability to support notable flora, with regard to the CIEEM Guidelines for Preliminary Ecological Appraisal

(2013).

1 Joint Nature Conservation Committee (JNCC) (2010) Handbook for Phase 1 Habitat Survey. A technique for environmental audit. JNCC, Peterborough, UK 2 Stace, C. (2010). New Flora of the British Isles, 3rd Edition. Cambridge University Press, Cambridge, UK.

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Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:

Preliminary Ecological Appraisal

Denbighshire County Council September 2017

A104086

The PEA survey also aimed to identify habitats that have the potential to support protected species or

species of conservation concern e.g. those that are legally protected or included in the Denbighshire Local

Biodiversity Action Plan (LBAP).

Great Crested Newt (GCN)

The site was appraised for its suitability to support GCN. The assessment was based on Guidance outlined

in the Joint Nature Conservation Committees’ published Herpetofauna Workers’ Manual (Gent & Gibson,

2003) and the Great Crested Newt Conservation Handbook (Langton, Becket & Foster, 2001).

Reptiles

The site was appraised for its suitability to support reptiles. The assessment was based on guidance

outlined in the Joint Nature Conservation Committees’ published Herpetofauna Workers’ Manual (Gent &

Gibson, 2003).

Roosting bats – buildings and trees

During the PEA survey, a detailed external inspection of the façade/roofs of the buildings within the site

was undertaken for roosting bats and nesting birds. The external inspection comprised an examination for

signs of evidence of use by bats and nesting birds such as staining, scratch marks, feeding remains and

droppings at each building. The inspection also included a search for features which had potential to

support roosting bats and nesting birds. The surveys were completed following best practice guidelines as

detailed in Bat Surveys for Professional Ecologists: Good Practice Guidelines (3rd edition) (Collins J, 2016)

(hereafter referred to as ‘The BCT Guidelines’).

Following the external inspection, each of the buildings and trees were assessed according to their bat

roost suitability using the below detailed categories in Table 1:

Table 1 Categories of Bat Roost Suitability (The BCT Guidelines)

Suitability Typical Roosting Features

Negligible Negligible habitat feature on site likely to be used by roosting bats.

Low A structure with one or more potential roost sites that could be used by individual

bats opportunistically. However, these potential roost sites do not provide enough

space, shelter, protection, appropriate conditions and/or suitable surrounding habitat to be used on a regular basis or by larger numbers of bats (i.e. unlikely to

be suitable for maternity or hibernation).

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Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:

Preliminary Ecological Appraisal

Denbighshire County Council September 2017

A104086

Suitability Typical Roosting Features

A tree of sufficient size and age to contain potential roost features but with none

seen from the ground or features seen with only very limited roosting potential.

Moderate A structure or tree with one or more potential roost sites that could be used by bats due to their size, shelter, protection, conditions and surrounding habitat but unlikely

to support a roost of high conservation status (with respect to roost type only – the assessments in this table are made irrespective of species conservation status,

which is established after presence is confirmed).

High A structure or tree with one or more potential roost sites that are obviously suitable for use by larger numbers of bats on a more regular basis & potentially for longer

periods of time due to their size, shelter, protection, conditions & surrounding habitat.

Badgers

The site was surveyed for evidence of badger setts or other badger activity such as paths, latrines or signs

of foraging. Methodologies used and any setts recorded were classified according to published criteria

(Harris, Cresswell & Jefferies, 1989).

Other Species

The site was also appraised for its suitability to support other protected or notable fauna including

mammals, amphibians, birds and invertebrates with regard to CIEEM’s Guidelines for Preliminary Ecological

Appraisal (2013) and BS42020:2013 Biodiversity – Code of Practice for Planning and Development.

Evidence of any current or historical presence of such species was recorded.

2.4 Limitations

The optimal period to undertake a PEA survey is April-September. The survey was completed in September

which is inside the optimal survey window.

It was not possible to accurately identify the two poplar tree species located within the site. This is

considered in the Discussion and Recommendation section of this ecology report.

It was not possible to fully access the wildlife garden and pond due to dense scrub. This is not considered

to have limited the survey findings as the habitats present were assessed from the accessible areas of the

wildlife garden.

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Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:

Preliminary Ecological Appraisal

Denbighshire County Council September 2017

A104086

It was not possible to fully assess the water quality of the pond in the wildlife garden due to the wood and

mesh frame over the pond surface and the duckweed cover. It has been assumed that the water condition

of the pond was of at least moderate quality as there were no pollution identified in the pond and the

invertebrate diversity of the pond could not be accurately measured as it was not possible to sample the

water.

Habitats located within 50m of the site boundary were not accessible during the survey. The habitats

surrounding the school comprise private residential properties and associated roads.

There is one pond located within 500m of the site. Brickfields Pond LNR is located 280m south west of the

site and includes a lake. The lake is located 329m south west of the site. This lake was not accessible

during the survey. This is not thought to have constrained the survey findings as there are no direct habitat

connections to the lake from the site.

To determine presence or likely absence of protected species usually requires multiple visits at suitable

times of the year. As a result, this survey focuses on assessing the potential of the site to support species

of note, which are considered to be of principal importance for the conservation of biodiversity with

reference to those given protection under UK or European wildlife legislation. This report cannot therefore

be considered a comprehensive assessment of the ecological interest of the site. However, it does provide

an assessment of the ecological interest present on the day the site was visited and highlights areas where

further survey work may be recommended.

The details of this report will remain valid for a period of two years from the date of the survey, after

which the validity of this assessment should be reviewed to determine whether further updates are

necessary. Note that the recommendations within this report should be reviewed (and reassessed if

necessary) should there be are any changes to the red line boundary or development proposals which this

report was based on.

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Preliminary Ecological Appraisal

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3.0 Survey Results

3.1 Designated Sites

A review of the consultation data received from Cofnod highlighted the presence of one statutory

designated site for nature conservation within 1km of the site as detailed in Table 2 below:

Table 2: Statutory Designated Sites for Nature Conservation

Designation Site Name Distance &

Direction Summary of features

Local Nature

Reserve

(LNR)

Brickfields Pond 280m south

west

Freshwater lake surrounded by grassland, scrub and

woodland habitats. Migrating and wintering birds use

the LNR. The LNR is designated for its biodiversity, educational and community value.

A review of the consultation data received from Cofnod highlighted the presence of one non-statutory

designated site for nature conservation within 1km of the site as detailed in Table 3 below:

Table 3: Non- Statutory Designated Sites for Nature Conservation

Designation Site Name Distance & Direction

Summary of features

Wildlife Site Clwyd Estuary

and Adjacent Fields

280m south

west

Floodplain grasslands.

Brickfields Pond LNR is located within Clwyd Estuary and Adjacent Fields Wildlife Site. There are no direct

habitat connections or hydrological links between the site and Brickfields Pond LNR and Clwyd Estuary and

Adjacent Fields Wildlife Site.

3.2 Habitats

The following habitats have been identified through our assessment, with detailed species lists for each

habitat type provided in Appendix C:

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3.2.1 Amenity grassland

Amenity grassland is located within the site (Photograph 1). The grassland is mown regularly and used for

amenity areas including playing fields and play areas within the site. Perennial rye grass Lolium perenne is

the dominant species within the habitat type with frequent red fescue Festuca rubra, dandelion Taraxacum

officinale and ribwort plantain Plantago lanceolata.

Photograph 1: Amenity grassland

3.2.2 Buildings and hard standing

Buildings and hard standing are the dominant habitat types within the site comprising the existing

educational buildings, plant and storage buildings. The areas of hard standing include sports areas,

playgrounds and car parking facilities (Photograph 2).

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Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:

Preliminary Ecological Appraisal

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Denbighshire County Council September 2017

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Photograph 2: Buildings and hard standing

3.2.3 Wildlife garden and pond

There is an existing wildlife garden (Photograph 3) and pond (Photograph 4) adjacent to the western

boundary of the site. The wildlife garden has not been recently managed and is overgrown forming a

mosaic of dense scrub, scattered mature trees, tall ruderal and semi-improved grassland habitats. A decked

pathway leads through the wildlife garden but the decking is failing, with loose and broken boards. Within

the wildlife area, there is an existing semi-circle seating area, with a circular sand and gravel area in front.

Ephemeral/short perennial vegetation is growing in the sand and gravel area. Wooden logs are located

around the wildlife garden which are decaying. Species recorded include sycamore Acer pseudoplatanus,

hazel Corylus avellana, silver birch Betula pendula, white willow Salix alba, buddleja Buddleja davidii,

ragwort Senecio jacobaea, common nettle Urtica dioica, herb-robert Geranium robertianum and bramble

Rubus fructicosus. The complete species list is included in Appendix C.

There is a pond within the wildlife garden. The pond is entirely covered in duckweed Lemna sp.. Over the

pond surface, there is a wood and mesh wire frame, which is assumed to be a safety feature. A habitat

suitability index (HSI) assessment was completed for the pond (Oldham et al, 2000) as detailed in the

assessment for GCN in Section 3.4.3, Table 4 below.

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Photograph 3: Wildlife garden

Photograph 4: Pond

Ponds are a priority habitat in the Denbighshire LBAP and a Habitat of Principal Importance under Section 7

of the Environment (Wales) Act 2016.

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Preliminary Ecological Appraisal

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3.2.4 Scattered trees

The consultation data highlighted the presence of one record of black poplar Populus nigra located

approximately 270m south west of the site, recorded in 2014 within Brickfields Pond LNR.

Scattered broadleaved and coniferous trees are located throughout the site and around the site margins.

Species recorded include sycamore, white willow, poplar species, goat willow Salix caprea, cherry species

Prunus sp, apple species Malus spp. and hawthorn Crataegus monogyna. Within the site there are three

rows of poplar trees located adjacent to the western boundary of the site, along the metal security fencing

in the middle of the site and in a row adjacent to the edge of the playing fields. Two species of poplar tree

were identified, although the specimens could not be identified to species level. The majority of the poplar

trees had been pollarded (Photograph 5). Due to the pollarding and the leaves starting to turn and drop, it

was not possible to confirm if the species present were black poplar or other poplar species. This is

considered further in the Discussion and Recommendations section of this report. Black poplar are listed as

a Priority Species in the Denbighshire LBAP.

Photograph 5: Scattered trees

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Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:

Preliminary Ecological Appraisal

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3.2.5 Hedgerow

A species poor, hedgerow is located adjacent to the metal fencing on the northern boundary of the site

(Photograph 6). The hedgerow is approximately 2m high and 0.5m wide. The hedgerow is defunct, with

four entrance and exits into the site separating sections of the hedgerow. Species recorded in the hedgerow

include hawthorn, elder Sambucus nigra, sycamore and apple. The understory comprised ivy Hedera helix,

and common nettle.

Hedgerows are a Priority Habitat in the Denbighshire LBAP. Hedgerows are a Habitat of Principal

Importance under Section 7 of the Environment (Wales) Act 2016.

Photograph 6: Hedgerow

3.2.6 Ornamental planting and raised planters

An area of raised planters is located adjacent to the wildlife garden and pond area, with ornamental fencing

to the south of the planters (Photograph 7). The planters have not been subject to recent management and

as such the area has become overgrown with a tall ruderal and scrub species growing within and between

the raised planters. Species recorded include ragwort, lavender Lavendula angustifolia, box Buxus

sempervirens, hedge cranesbill Geranium pyrenaecium, bramble, Yorkshire fog Holcus lanatus, herb Robert,

elder and cotton lavender Santolina chamaecyparissus. The complete species list is included in Appendix C.

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Photograph 7: Raised planters

Ornamental planters and planted beds are located within the site in several locations (Photograph 8). A

number of species were recorded during the survey including honeysuckle Lonicera sp., French marigold

Tagetes sp., lavender and rosemary Rosmarinus officinalis. Several of the planters had not been recently

managed and as such wild flowers have seeded in the planters including scarlet pimpernel Anagallis

arvensis and creeping thistle Cirsium arvense. The complete species list is included in Appendix C.

Photograph 8: Ornamental planters

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Preliminary Ecological Appraisal

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3.2.7 Tall ruderal

Tall ruderal vegetation is located in the north-western corner of the site growing through the metal security

fence. Species recorded include hedge bindweed Calystegia sepium, rosebay willowherb Chamaenerion

angustifolium, common nettle and bramble. The complete species list is included in Appendix C.

3.2.8 Dense scrub

Small areas of dense scrub are located around the margins of the site. Species recorded include bramble,

willow species, ivy and sycamore saplings. The complete species list is included in Appendix C.

3.3 Invasive Species

Himalayan cotoneaster Cotoneaster simonsii was recorded in one of the ornamental beds (Photograph 9,

TN47, Appendix A). Himalayan cotoneaster is listed under schedule 9 of the wildlife and countryside act (as

amended) and it is against the law to cause this species to spread in the wild.

Photograph 9: Himalayan cotoneaster

3.4 Protected Species

Consultation data received from Cofnod highlighted the presence of several species within the 1km search

area including water vole Arvicola amphibius, hedgehog Erinaceus europaeus, hare Lepus europaeus, otter

Lutra lutra, badger Meles meles, polecat Mustela putorius, Daubenton’s bat Myotis daubentonii, whiskered

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Preliminary Ecological Appraisal

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bat Myotis mystacinus, pipistrelle species Pipistrellus spp., common toad Bufo bufo, natterjack toad

Epidalea calamita, smooth newt Lissotriton vulgaris, common frog Rana temporaria, GCN and common

lizard Zootoca vivipara. In addition, records of 113 bird species, four records of invertebrate species and

several plant, fungi, lichen and slime mould species were included in the consultation data. None of the

consultation records provided are located in the site boundary. Species/taxa for which adverse effects are

not anticipated are excluded from further consideration in this assessment.

3.4.1 Bats

Building and tree roost potential

Consultation data highlighted six records of Daubenton’s bat, whiskered bat and pipistrelle bat species

within the 1km search area. The closest record to the site and also the most recent record is for an

unknown bat species roost, located in a residential property 247m south of the site, recorded in 2002. The

remaining five records were all recorded between 1993 and 1995.

Bats are listed as a Priority Species in the Denbighshire LBAP. The objectives within the bat species action

plan include maintaining and where possible increasing bat populations in Denbighshire through positive

management of their roosting, feeding and commuting habitats. Several bat species including noctule bat

Nyctalus noctula, common pipistrelle bat Pipistrellus pipistrellus, soprano pipistrelle bat Pipistrellus

pygmaeus, Bechstein’s bat Myotis bechsteinii, Brown long-eared bat Plecotus auritus, barbastelle bat

Barbastella barbastellus, lesser horseshoe bat Rhinolophus hipposiderus and greater horseshoe bat

Rhinolophus ferrumequinum are listed as species of principal importance under Section 7 of the

Environment (Wales) Act 2016.

Of the fifteen buildings surveyed, six were assessed as negligible and nine buildings were assessed as

having low potential to support roosting bats. The six negligible buildings are not considered further in this

assessment.

The nine buildings assessed as being of low suitability for roosting bats are:

• Building 1 – school block;

• Building 2 – plant room;

• Building 6 – school block;

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Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:

Preliminary Ecological Appraisal

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Denbighshire County Council September 2017

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• Building 8 – plant room;

• Building 9 – school block;

• Building 10 – garage;

• Building 11 – sports hall;

• Building 14 – Ysgol Mair; and,

• Building 15 – nursery building.

Detailed findings of the external building assessment are provided in Appendix D.

The trees on site were assessed from the ground for their potential to support roosting bats. Only five trees

were recorded to have any suitability to support roosting bats and those were the mature, ivy clad

sycamore in the south-western corner of the garden and four of the ivy clad, pollarded poplar along the

north-western boundary. All five trees were considered to have (very) low suitability due to the presence of

ivy cladding only. All other trees on site were recorded to have negligible suitability to support roosting

bats.

Foraging and commuting bats

The amenity grassland, scattered trees, hedgerow, dense scrub, ornamental planting, raised planters, tall

ruderal and wildlife garden and pond all provide suitable foraging habitat for bat species. The rows of

scattered trees and the hedgerow provide suitable linear commuting features for bats in the locality.

Appendix E details relevant wildlife legislation for bat species.

3.4.2 Birds

Consultation data highlighted records of 113 species of bird within the 1km search area, with 24 of these

bird species included on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended). In addition, of

the 113 species of bird within the 1km search area, 32 species are included on the red list and 54 species

are included on the Amber list of Birds of Conservation Concern (Eaton et al, 2015).

The majority of the Schedule 1 bird species included in the consultation data are associated with coastal

and wetland areas. This is supported by the consultation data, with the majority of the bird records

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associated with Brickfields Pond LNR and Clwyd Estuary and Adjacent Fields wildlife site, both of which

include aquatic habitats. The most recent bird record is of a group of fifteen swifts Apus apus, recorded

755m north west of the site in 2017. The closest bird record to the site with a full grid reference is a sand

martin Riparia riparia recorded 376m west of the site in Brickfields Pond LNR in 2016.

During the PEA survey herring gull Larus argentatus, pied wagtail Motacilla alba, wood pigeon Columba

palumbus, pigeon Columba livia, blackbird Turdus merula and jackdaw Corvus monedula were recorded in

the site. Evidence of nesting birds was located during the survey in the north east corner of Building 8,

although it was not possible to confirm if the nest was in active use or the species of bird which was

potentially utilising the nest. In addition, surveyors were advised by staff at the site that nesting gulls were

present on the buildings and a number of herring gulls were recorded passing over the site during the

survey. Herring gull are listed as a Species of Principal Importance under Section 7 of the Environment

(Wales) Act 2016.

The buildings, scattered trees, hedgerow, dense scrub, ornamental planting, raised planters and wildlife

garden and pond all provide potentially suitable nesting opportunities for breeding birds. The habitats

within the site also provide suitable foraging habitat for bird species in the locality.

Appendix E details relevant legislation for breeding birds.

3.4.3 Amphibians

Consultation data received highlighted two records of GCN, five records of common frog, three records of

smooth newt and three records of common toad in the 1km search area.

The first of the two GCN records was recorded approximately 1km east of the site, recorded in Bruton Park

in 1999. The record is of six males, 31 females and 12 larvae recorded during torch surveys. The second

GCN record does not have a full grid reference but was recorded 814m east of the works site in 2012

during a pond survey.

The nearest and most recent record of common frog is located 510m north east of the site, recorded in

2014. The nearest and most recent record of common toad is located 695m south west of the site,

recorded in 2014. The nearest and most recent record of smooth newt is located 510m north east of the

site, recorded in 2014.

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There is one waterbody located within 500m of the site. Brickfields Pond LNR is located 280m south west of

the site and includes a lake. The lake is located 329m south west of the site. There are no direct habitat

connections to Brickfields Pond LNR from the site.

There is one pond on site within the wildlife area, this was appraised for its suitability to support great

crested newt as set out in Table 4.

Table 4: Habitat Suitability Index Assessment of Pond in Wildlife Garden

Suitability Indices Assessment Score

Location A 1

Pond area 20m2 0.05

Pond drying Rarely 1

Water quality Moderate 0.67

Shade None recorded 1

Fowl Absent 1

Fish Absent 1

Pond count Two 0.1

Terrestrial habitat Moderate 0.67

Macrophytes None recorded 0.30

Total Score = 0.48

The HSI score for the pond is 0.48, which is defined as poor pond suitability to support GCN. The HSI

scoring system alone is not sufficiently precise to allow the conclusion that any particular pond with a low

score will not support GCN (Oldham et al, 2000).

The surrounding wildlife garden and adjacent raised planter area provide suitable terrestrial habitat for

amphibian species. Although this is a relatively small area of suitable terrestrial habitat, further suitable

habitat is present beneath the scattered trees around the site margins and additional suitable terrestrial

habitat may be present in the residential gardens and open areas in the locality.

Both the pond and the wildlife area will be lost as part of the proposed development works.

Appendix E details relevant legislation for GCN.

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3.4.4 Hedgehog

Consultation data highlighted seven records of hedgehog within the 1km search area. The closest record of

hedgehog is located 328m south of the site, recorded in 2007 in a residential garden. The most recent

record of hedgehog is located 955m north east of the site, recorded in July 2017 in a residential garden.

A dead hedgehog was located during the PEA survey in the wildlife garden.

The amenity grassland, dense scrub, tall ruderal, hedgerow, raised planters, ornamental planting and

wildlife garden and pond all provide suitable foraging habitat for hedgehogs in the locality. Hedgehogs are

listed as a Priority Species in the Denbighsire LBAP. The objectives within the hedgehog Species Action Plan

include encouraging the conservation of hedgehogs through the sympathetic management of their habitats.

Hedgehogs are also listed as a Species of Principal Importance under Section 7 of the Environment (Wales)

Act 2016.

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4.0 Relevant Planning Policy & Legislation

4.2 National Planning Policy Framework

Planning Policy Wales (PPW) sets out the Welsh Government’s national planning policies in Wales, and is

supported by a series of Technical Advice Notes (TAN’s).

Paragraph 5.1.2 set out the Welsh Government’s objectives for the conservation and improvement of the

natural heritage are to:

• promote the conservation of landscape and biodiversity, in particular the conservation of native

wildlife and habitats;

• ensure that action in Wales contributes to meeting international responsibilities and obligations for

the natural environment;

• ensure that statutorily designated sites are properly protected and managed;

• safeguard protected species, and to

• promote the functions and benefits of soils, and in particular their function as a carbon store.

Paragraphs 5.1.3 states that a key role of the planning system is to ensure that society’s land requirements

are met in ways which do not impose unnecessary constraints on development whilst ensuring that all

reasonable steps are taken to safeguard or enhance the environment. In addition, paragraphs 5.3.8– 10 of

PPW state the planning system should ensure that the UK’s international and national obligations for site,

species and habitat protection are fully met in all planning decisions.

Technical Advice Note 5: Nature Conservation and Planning (TAN 5) provides advice on how the land use

planning system should contribute to protecting and enhancing biodiversity and geological conservation.

Paragraph 4.6 of TAN 5 states that Local Planning Authorities should use planning conditions to avoid

adverse impacts or remove the likelihood of adverse impacts occurring, reduce adverse impacts that may

occur, compensate for losses or impacts that could not be avoided or mitigated, and enhance aspects of the

natural heritage and its enjoyment. All conditions should be necessary, relevant to planning, relevant to the

development permitted, enforceable, precise and reasonable.

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Paragraph 5.1.6 of TAN 5 states that Local Planning Authorities, along with other public bodies, have a duty

to take reasonable steps, consistent with the proper exercise of their functions, to further the conservation

and enhancement of the features by reason of which international sites are of special scientific interest.

In addition, Circular Letter CL-05-04 reaffirms the Welsh Governments commitment to ensuring that

designated sites and species of nature conservation importance are protected from damage and

deterioration, with their important features conserved by appropriate management. The letter seeks to

remind planning authorities of the requirements of the Conservation of Habitats and Species Regulations

2010 (as amended) when considering development proposals through the planning system.

This guidance requires local planning authorities to take account of the conservation of protected species

when determining planning applications and makes the presence of a protected species a material

consideration when assessing a development proposal that, if carried out, would be likely to result in harm

to the species or its habitat.

4.3 Environment (Wales) Act

As part of Welsh Government’s commitment to reversing the decline in biodiversity in Wales and increasing

the resilience of its ecosystems, the Environment (Wales) Act introduces a new biodiversity duty, which

highlights biodiversity as an essential component of ecosystem resilience.

Section 6 of the Act places a duty on public authorities to ‘seek to maintain and enhance biodiversity’ so far

as it is consistent with the proper exercise of those functions. In so doing, public authorities must also seek

to ‘promote the resilience of ecosystems’. The duty replaces the section 40 duty in the Natural Environment

and Rural Communities Act 2006 (NERC Act 2006), in relation to Wales, and applies to those authorities

that fell within the previous duty.

Section 7 replaces the duty in section 42 of the NERC Act 2006. The Welsh Ministers will publish, review

and revise lists of living organisms and types of habitat in Wales, which they consider are of key

significance to sustain and improve biodiversity in relation to Wales. In producing the list or taking any

measures to improve the listed organisms and habitats, the Welsh Ministers must apply the principles of

sustainable management of natural resources. Therefore, they must consider any appropriate evidence, for

example as provided in the State of Natural Resources Report, and also engage with any relevant

stakeholders, including pertinent public authorities. Certain public authorities will also be required to

consider the section 7 list, in complying with the new biodiversity duty under section 6 of the Act. The list is

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important in assisting public bodies to identify potential issues that they may wish to address in meeting

their well-being objectives, in addition to contributing to the well-being goal ‘a resilient Wales’ (Goal 2).

In the absence of a revised list, the section 42 NERC Act list is still relevant: the S42 list includes 56

habitats of principal importance and over 500 species of principal importance.

4.4 Local Biodiversity Action Plan

Local Biodiversity Action Plans (LBAPs) identify habitat and species conservation priorities at a local level

(typically County by County) and are usually drawn up by a consortium of local Government organisations

and conservation charities. Although they are no-longer managed at a national level many are still reviewed

and updated at a local level.

The Denbighshire LBAP is the relevant document for this site and it contains the following relevant Habitat

and Species Action Plans:

Table 5: LBAP SAPs

Species Action Plans

Hedgehog Bats

GCN Black poplar

Table 6: LBAP HAPs

Habitats Action Plans

Hedgerows Buildings and man-made structures

Ponds Urban green space

It should be noted that the existence of a SAP or HAP does not always infer an elevated level importance

for those features. These plans may be designed to encourage an increase in these habitats/species, rather

than to protect a county-scarce feature (for example).

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4.5 Denbighshire Local Development Plan

There are two Local Development Plan (LDP) policies which are potentially relevant for the site as detailed

in the Denbighshire County Council Local Development Plan 2006 – 2021 (Denbighshire County Council,

2013). The two relevant policies are detailed below.

Policy RD 1 Sustainable development and good standard design. Relevant criteria for this planning policy

are as follows:

• Protects and where possible enhances the local natural and historic environment.

• Incorporates suitable landscaping measures, including where appropriate hard and soft

landscaping treatment, the creation and/or protection of green and blue corridors, mature

landscaping and arrangements for subsequent maintenance. Landscaping should create a

visually pleasant, sustainable and biodiversity rich environment that protects and enhances

existing landscape features and also creates new features and areas of open space that reflect

local character and sense of place.

Policy VOE 5 Conservation of Natural Resources. The policy requires that development proposals that may

have an impact on protected species or designated sites of nature conservation will be required to be

supported by a biodiversity statement which must have regard to the county biodiversity aspiration for

conservation, enhancement and restoration of habitats and species.

4.6 Legislation

Full details of the UK legislation and offences which are relevant to the ecological receptors identified are

included in Appendix E. However, based on the findings of our assessment, it is considered that the

proposals will need to consider the following legal provisions:

• Disturbance or killing of a European Protected Species (EPS);

• Disturbance of nesting wild birds; and,

• Cause or permit the spread of an invasive species into the wild.

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5.0 Discussion and Recommendations

5.1 Habitats

The site is dominated by hard stand and buildings with amenity grassland. The majority of the existing

habitats within the site will be lost to facilitate the proposed development. Several of the existing trees

within the site are proposed to be retained and protected (Appendix B).

The amenity grassland, tall ruderal, dense scrub and ornamental planting are generally widespread habitats

comprising common species and planted, ornamental garden species. The small-scale loss of these habitats

is not considered to be of ecological concern or to pose a constraint to the proposed development works.

These habitats will be replaced in the final design with a structurally diverse planting scheme as detailed in

Appendix B. The planting scheme includes a number of native species and/or species of wildlife value,

which have potential to increase biodiversity in the locality.

Habitats which may pose a constraint to the development proposals are discussed in more detail below.

5.1.1 Scattered trees

Existing scattered trees are due to be lost as part of the proposed development (Appendix A). Consultation

data received highlighted a record of black poplar in the locality. There are three rows of poplar trees within

the site but due to coppicing and the leaves beginning to turn it was not possible to accurately identify the

species of poplar during the site survey.

Prior to any vegetation clearance works commencing, a tree survey will need to be undertaken by an

arboriculturalist surveyor. If the trees are confirmed to be black poplar, then the trees should be retained in

the site.

5.2 Hedgerow

The hedgerow within the site is going to be lost as part of the proposed development (Appendix A).

Hedgerows are a Priority Habitat in the Denbighshire LBAP and a Habitat of Principal Importance under

Section 7 of the Environment (Wales) Act 2016.

However, the hedgerow on site is species poor and is not considered to be an Important hedgerow.

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The proposed planting as detailed in the planting scheme included in Appendix B includes ornamental and

native hedgerow planting. It is considered that this proposed hedgerow planting will compensate for the

loss of the existing hedgerow, providing linear habitat features, including both native species and species of

wildlife value.

5.3 Invasive Species

Himalayan cotoneaster is included in one of the areas of ornamental planting within the site (TN47,

Appendix A). Himalayan cotoneaster is an invasive species under Schedule 9 of the Wildlife and Countryside

Act 1981 and requires due consideration and implementation of specialist removal and disposal to prevent

spread. As the cotoneaster shrub is mature, it is likely to have multiple stems from the root mass.

To avoid spreading the Himlayan cotoneaster, it is recommended that the stand is excavated to remove the

entire plant and prevent re-growth. Following excavation, the material should be chipped or removed to a

licensed landfill as controlled waste.

5.4 Protected and Notable Species

5.4.1 Bats

Building and Tree Roost Potential

Consultation data received has highlighted the presence of records of bat species within the 1km search

area.

Nine of the buildings within the site have been assessed as being of low suitability to support roosting bat

species. The low suitability buildings include Building 1, Building 2, Building 6, Building 8, Building 9,

Building 10, Building 11, Building 14 and Building 15 as detailed in Appendix D. The development has the

potential to disturb, kill and injure roosting bats and to damage or destroy potential roost sites through

demolition of these existing buildings.

Further bat surveys of the buildings will be required to determine presence / likely absence of roosting bats

prior to any demolition works. This will involve a minimum of one dusk emergence or dawn re-entry survey

of each of the buildings as recommended within the BCT Guidelines. Further roost characterisation surveys

will be required should bats be found to be present and an EPS licence will be required to allow the

proposed development to proceed as planned (i.e. to allow the destruction of the roost).

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At the time of writing surveys had commenced on site (and no roosting bats confirmed to date) full surveys

to be reported upon in a separate report for bats.

Five trees on site have been highlighted to have (very) low potential suitability to support roosting bats due

to ivy cladding. Based on the currently proposed layout all five trees will be retained during re-development

of the site. Should any works to prune the trees be undertaken then reasonable avoidance measures and

precaution are recommended as follows:

• Avoidance of sensitive periods such as maternity and hibernation periods, works are best

carried out March to April or late August to October.

• Avoid cross-cutting in proximity to cavities or hollows.

• Soft lowering of felled sections containing cavities, these should then be left on the ground with

the openings exposed for 24 hours to allow natural dispersal.

Should bats be found during pruning activities then all works must cease and advice sought from a licenced

bat ecologist and Natural Resources Wales where appropriate.

To mitigate for the loss of potentially suitable roosting features it is recommended that 2 bat boxes be

installed on retained trees within the site.

Foraging and commuting bats

The amenity grassland, scattered trees, dense scrub, hedgerow, tall ruderal, ornamental planting, raised

planters and wildlife garden and pond all provide suitable foraging habitat for bat species in the locality.

The rows of trees and the hedgerow provide linear habitat features, suitable for commuting bat species.

However, it is not considered that the site supports habitats or features which are of significance to local

bat populations. The site is located on an urban fringe and so habitats of greater quality and value are

available in the local area. No further survey for foraging or commuting bats is considered necessary.

The vegetation clearance works associated with the proposed development will result in the loss of suitable

foraging and commuting habitat. The proposed landscaping includes structurally diverse planting including

both native species and/or species of wildlife value. The proposed planting includes linear native species

buffer planting, which will provide suitable commuting habitat in the proposed site.

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It is recommended that any exterior lighting associated with the proposed scheme is angled away from the

soft landscaping habitats where possible.

5.4.2 Birds

During the PEA survey herring gull, blackbird, pied wagtail, jackdaw, pigeon and wood pigeon were all

recorded in the site. Evidence of nesting birds was located in the northeast corner of Building 8, although it

was not possible to confirm if the nest was in active use. Staff at the site advised that gulls were nesting on

the buildings in the site.

The buildings, scattered trees, hedgerow, dense scrub, ornamental planting, raised planters and wildlife

garden and pond all provide suitable nesting opportunities for breeding birds. The habitats within the site

also provide suitable foraging habitat for bird species in the locality.

The proposed development has the potential to disturb, kill or injure breeding birds which should be

avoided to ensure compliance with the relevant legislation (Appendix E). It is therefore recommended that

building demolition works and vegetation clearance works are avoided during the bird nesting season

(March to September inclusive). If this is not possible then these works should be immediately preceded by

a search for nesting birds by a suitably experienced and qualified ecologist/Ecological Clerk of Works

(ECoW). If nesting birds are found then a species-specific buffer should be established and site works near

these nests will not be able to legally proceed until a suitably qualified and experienced ecologist/ECoW has

advised that all of the young birds have fledged and cease to return to the nest.

It should be noted that multiple nesting bird checks may be required dependent on the programme of

vegetation clearance works.

To replace potentially suitable nesting habitats it is recommended that eight bird boxes be installed on site.

5.4.3 Great crested newt and other Amphibians

Consultation data received highlighted the presence of records of GCN within 1km of the site. Additionally,

records of common toad, smooth newt and common frog were also included in the consultation data.

The pond within the wildlife garden has been assessed as providing poor suitability for GCN, with a HSI

score of 0.48. The wildlife garden surrounding the pond and the adjacent raised planter area provide

suitable terrestrial habitat for amphibians to utilise for foraging and refuge. Brickfields LNR is located 280m

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south west of the works area and includes a lake but there are no direct habitat connections from the site

to Brickfields Pond LNR. It is therefore considered unlikely that GCN will be present on site, however it is

possible that other common amphibians may be present therefore reasonable avoidance measures are

recommended during site clearance and pond closure as follows:

• Personnel involved in vegetation clearance should be made aware via a toolbox talk by an

ECoW of (i) the potential presence of amphibians; (ii) be instructed how to take care to avoid

harming them and (iii) be advised to stop work and to contact an ecologist should any

amphibians be discovered.

• Clearance of the wildlife area will avoid sensitive winter and breeding seasons so that works will

be undertaken in the autumn.

• Pond drainage should be timed to avoid the spring and summer periods when amphibians are

most active and utilising waterbodies. Optimum period for drainage would be the autumn and

winter months (November – February inclusive). Pond drainage should be overseen by a

suitably qualified ECoW and any amphibians found should be removed safely away from site

works.

• Any piles of hard core/ amphibian refugia should be dismantled outside of the sensitive

hibernation period and be undertaken by hand under supervision of an ECoW. Spoil debris

should be removed off site that same day.

• Debris arising from building demolition should not be stored on site and should be removed off

site or stored off of the ground.

• The scrub habitat should be cleared directionally and sensitively by strimming vegetation to a

height of 15cm from the south heading north to enable any disturbed amphibians to disperse

towards the gardens. Amphibians are unlikely to be present on the rest of the site (i.e. within

the amenity grassland).

• The ecologist will then search the wildlife area ‘by hand’ for amphibians. Any amphibians found

will be transferred using gloved hands, by the suitably qualified and experienced ecologist, to a

carrier box and released at the LNR.

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• Strip the soil (where required) immediately in areas that have been declared free of amphibians

by the ecologist. This will render these areas uninhabitable. Locate any soil piles away from the

site boundaries. The vegetation on site within areas to be developed is kept short (less than

15cm) prior to the commencement of construction activities to prevent amphibians from using

them as refugia.

Denbighshire County Council and Natural Resources Wales (NRW) were consulted by WYG (via email) in

October 2017. NRW agreed that the pond can be drained without first completing GCN surveys due to very

low likelihood of their presence. However, they have recommended that spatial data be obtained from the

Amphibian and Reptile Conservation (ARC) Trust to reiterate the low likelihood of GCN presence on site; In

accordance with NRW’s recommendation, ARC modelling data will be obtained and submitted with the main

planning application.

5.4.4 Hedgehog

Consultation data highlighted records of hedgehog within the 1km search area. A dead hedgehog was

located during the PEA survey in the wildlife garden within the site.

The amenity grassland, dense scrub, tall ruderal, hedgerow, raised planters and wildlife garden and pond

all provide suitable foraging and resting habitat for hedgehogs in the locality.

It is recommended that all vegetation clearance within the site is undertaken following a precautionary

working method statement for hedgehogs, designed to ensure that hedgehogs are not killed or injured as a

result of the works.

To compensate for the loss of habitat it is recommended that at least 3 hedgehog boxes be installed on site

in appropriate areas once landscaping works are completed (to be informed by an ecologist).

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6.0 Summary Recommendations

6.2.1 Further survey

• Bats: Further nocturnal survey at the school buildings to comprise one dusk emergence or one

pre-dawn re-entry survey be undertaken in accordance with current BCT Guidelines (Collins, 2016).

6.2.2 Reasonable Avoidance Measure/Mitigation Measures

• Retain poplar trees.

• Physically remove invasive Himalayan Cotoneaster.

• Seasonal restrictions to clearance and/or supervision by an ecologist in potentially sensitive areas.

• Amphibians: Implement Reasonable Avoidance Measures to protect amphibians during the site

clearance and preparation phase.

• Bats: (1) Avoid works after dark where possible; and (2) Design and implement lighting schemes

for the construction and operation phases that avoid/minimise light spill on the site boundaries and

ecological features in proximity to the site.

• Bats: Install 2 bat boxes on site.

• Birds: Vegetation clearance and building demolition works should be avoided during the bird

nesting season (March to September inclusive) or, if necessary, preceded by a search for nesting

birds by an ecologist.

• Birds: Install 8 bird boxes on retained trees and where possible new buildings.

• Hedgehog: Any hedgehogs found should be carefully captured, placed (where capture is possible

and humane) in a ventilated box and released at the LNR.

• Hedgehog: Install hedgehog-friendly fencing (or equivalent) around the edges of the site and

adjacent land.

• Hedgehog: Install 3 hedgehog boxes.

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Appendix A – Existing Site Layout – Habitats Pre-

Development

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4445 47

44

42

43

46

G:\G

IS So

utham

pton\A

1040

86_R

hylCa

tholic

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ols\G

IS\Fi

gure1

_Hab

itatsP

reDev

_110

917.m

xd

© Crown Copyright All rights reserved. Licence number: 100019980Open Government Data reproduced contains public sector information licensed under the Open Government Licence v3.0Other Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

LegendSite boundaryAmenity grasslandBuildingDense scrubHardstandingHedgeOrnamental plantingRaised plantersScattered treesTall ruderalWildlife garden and pondTarget note

Habitats Pre-Development

Project NameClient Name

F0 10 20 30 405 Meters

RevA

Date

11/09/17

NotesInitial map production

A104086Project No: Revision:Drawing No:

Figure 1 ADrawn date:12/09/2017

Approved by:rachel.kerr

Drawn by:ben.blowers

Scale at A3:1:1,000

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Appendix B – Proposed Site Layout

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Revision

Client

Drawing number Date

Project

Scale Drawn

Description

All levels and dimensions to be checked on site by contractor prior tocommencement; Any variations to be reported to the client. This drawing is to be

read in conjunction with all others relating to the project and all information derivedaccordingly; any anomolies to be reported to the client. Do not scale from thisdrawing. Use figured dimensions only. Work shown on this drawings to be carried out

in accordance with current British Standards and Codes of Practice.

© Copyright to DEP Landscape Architecture Limited. The information shown on this

drawing shall not be reproduced or copied in any form without prior written consentfrom DEP Landscape Architecture Limited.

BLACKFRIARS HOUSE, PARSONAGE

MANCHESTER, M3 2JA

T : 0161 2419878E : [email protected] : www.dep.co.uk

DEP LANDSCAPE ARCHITECTURE LTD

Copyright DEP Landscape Architecture Ltd

Job number

Status

Kier Construction

3645 B

Planning

3-16 Catholic School, Rhyl

Site Strategy

July 201701

TR1:500@A1

NORTH

SOUTH

EASTWEST

KEY

FEATURE AREAS

Pedestrian Entrance Avenue1

2

3

4

5

6

7

8

9

A1

Refer to Landscape Strategy document for details

Pedestrian Entrance Plaza

Faith Garden

Nursery/Playgroup Outdoor Play Space

Reception Outdoor Play Space

Key Stage 1 Outdoor Play Space

Key Stage 2 Outdoor Play Space

Secondary/High School Outdoor Play Space

Habitat Area

Stations of the Cross (A1-A14)

Cycle Store & Bin Store

Pedestrian Crossing

Cycle Path

LANDSCAPE ELEMENTS

B

C

D

Refer to Landscape Strategy document for details

Rev A: Layout revised TR 04/08/2017

Rev B: Layout revised TR 14/08/2017

C

h

a

n

g

i

n

g

C

h

a

n

g

i

n

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SPRINKLER TANK

& SERVICES

ALL WEATHER PITCH

MULTI-USE GAMES AREA

MULTI-USE GAMES AREA

150M RUNNING TRACK

& 60M RUNNING STRAIGHT

COACH BAYS

CAR PARK

A1

A2

A3

A4

A6

A7

A8

A9

A11

A12

A13

A14

A5

B

VEHICULAR

ENTRANCE

VEHICULAR

EXIT

PEDESTRIAN

ENTRANCE

SECONDARY

PEDESTRIAN

ENTRANCE

SECONDARY

PEDESTRIAN

ENTRANCE

C

C

C

D

D

D

D

DISABLED

PARKING

KITCHEN

DELIVERIES

KITCHEN DELIVERY/BIN

COLLECTION ACCESS ROUTE

4

A10

DROP-OFF

ELECTRICITY/

GAS SUBSTATION

SCULPTURAL

FEATURE

Proposed Primary Secure Line (1.8m height paladin fencing)

Proposed Secondary Secure Line (1.2m height vertical rail/bowtop fencing)

Existing fencing to be retained (1.8m height palisade fencing)

KEY

Proposed sports pitch fencing 2.4m+ height (continuation ofsecure boundary)

Proposed access gates to match fencing

PAVING TREATMENT

Proposed vehicular bitmac

Proposed small unit paving

Proposed soft play surface(EPDM / bark mulch / sand)

Proposed pedestrian bitmac

BOUNDARY TREATMENT

Existing trees to be retained and protected

Proposed trees

Proposed ornamental planting

Proposed amenity grass and species-rich meadow

Proposed native species buffer planting

SOFT LANDSCAPING

Proposed reinforced grass amphitheatre

Proposed self-binding gravel cycle path

Page 37: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:

Preliminary Ecological Appraisal

35

Denbighshire County Council September 2017

A104086

Appendix C – Vascular Plant Species

Page 38: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Habitats Latin Name Common Name

Scattered

trees

Poplar species x 2 Populus spp.

Sycamore Acer pseudoplatanus

Apple species x 2 Malus sp.

Hawthorn Crataegus monogyna

Rowan species Sorbus sp.

Black walnut Juglans nigra

Cherry species Prunus sp.

Beech Fagus sylvatica

Crab apple Malus sylvestris

Wych elm Ulmus glabra

Goat Willow Salix caprea

Cypress species Cupressus sp.

Wildlife

garden and

pond

White willow Salix alba

Sycamore Acer pseudoplatanus

Hazel Corylus avellana

Silver birch Betula pendula

Buddleja Buddleja davidii

Field maple Acer campestre

Horse chestnut Aesculus hippocastanum

Laurel species Laurus sp.

Downy birch Betula pubescens

Yorkshire fog Holcus lanatus

Page 39: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Habitats Latin Name Common Name

Perennial rye grass Lolium perenne

Ragwort Senecio jacobaea

Creeping thistle Cirsium arvense

Forget-me-not Myosotis scorpioides

Nettle Urtica dioica

Hedge bindweed Calystegia sepium

Hawthorn Crataegus monogyna

Bramble Rubus fruticosus

Cyclamen Cyclamen persicum

Rough comfrey Symphytum asperum

Willow species Salix sp.

Yarrow Achillea millefolium

Purple loosestrife Lythrum salicaria

Hedge cranesbill Geranium pyrenaecium

Rosebay willowherb Chamaenerion angustifolium

Hogweed Heracleum sphondylium

Broad leaved dock Rumex obtusifolius

Common Flax Phormium tenax

Dandelion Taraxacum officinale

Creeping bent Agrostis stolonifera

Ivy Hedera helix

False oat grass Arrhenatherum elatius

Page 40: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Habitats Latin Name Common Name

Herb robert Geranium robertianum

Mock-orange species Choysia sp.

Raised

Planter

Box Buxus sempervirens

Lavender Lavandula angustifolia

Mint species Mentha sp.

Lilac Syringa vulgaris

Hedge cranesbill Geranium pyrenaecium

Herb-robert Geranium robertianum

Creeping bent Agrostis stolonifera

Hairy canary Lotus hirsutus

Elder Sambucus nigra

Broad leaved dock Rumex obtusifolius

Ragwort Senecio jacobaea

Bramble Rubus fruticosus

Yorkshire fog Holcus lanatus

False oat grass Arrhenatherum elatius

Azalea Rhododendron sp.

Hedge bindweed Calystegia sepium

Sedum Sedum sp

Dandelion Taraxacum officinale

Nettle Urtica dioica

Creeping buttercup Ranunculus repens

Page 41: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Habitats Latin Name Common Name

Great willowherb Epilobium hirsutum

Cotton lavender Santolina chamaecyparissus

Euphorbia species Euphorbia sp.

Ornamental

Planting

Honeysuckle Lonicera sp.

French marigold Tagetes sp.

Lavender Lavandula angustifolia

Rosemary Rosmarinus officinalis

Buddleja Buddleja davidii

Sage Salvia officinalis

Tomato Solanum lycopersicum

Rough comfrey Symphytum asperum

Cherry Prunus sp.

Burdock Arctium lappa

Sweet pea Lathyrus odoratus

Sunflower Helianthus annuus

Blackcurrant Ribes nigrum

Scarlet pimpernel Anagallis arvensis

Broad leaved dock Rumex obtusifolius

Creeping thistle Cirsium arvense

Hypericum Hypericum perforatum

Ivy Hedera helix

Holly Ilex aquifolium

Page 42: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Habitats Latin Name Common Name

Himalayan cotoneaster Cotoneaster simonsii

Box Buxus sempervirens

Speedwell species Veronica sp.

Ecallonia Escallonia sp.

Pendulous sedge Carex pendula

Hedge bindweed Calystegia sepium

Spindle species Euonymous sp.

Weigela species Weigela sp.

Sycamore Acer pseudoplatanus

Hebe species Hebe sp.

Willow species Salix sp.

Amenity

grass

Dandelion Taraxacum officinale

White Clover Trifolium repens

Red Clover Trifolium pratense

Daisy Bellis perennis

Ribwort plantain Plantago lanceolata

Creeping buttercup Ranunculus repens

Perennial rye grass Lolium perenne

Red fescue Festuca rubra

Yarrow Achillea millefolium

Dense

scrub

Sycamore sapling Acer pseudoplatanus

Bramble Rubus fruticosus

Page 43: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Habitats Latin Name Common Name

Hedge Bindweed Calystegia sepium

Ivy Hedera helix

Willow species Salix sp.

Tall ruderal Hedge bindweed Calystegia sepium

Rosebay willowherb Chamaenerion angustifolium

Nettle Urtica dioica

Hedgerow Hawthorn Crataegus monogyna

Apple species Malus sp.

Elder Sambucus nigra

Sycamore Acer pseudoplatanus

Ivy Hedera helix

Bramble Rubus fruticosus

Hedge bindweed Calystegia sepium

Page 44: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:

Preliminary Ecological Appraisal

36

Denbighshire County Council September 2017

A104086

Appendix D – Bat Feature Target Notes

Page 45: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

B1:School

Block

Brick built, three story building with flat felt lined

roof. There is a gap, 10cm x 2cm (TN1) beneath

the felt roof in the north eastern corner of the

building, approximately 12m high. Felt overhang

around all sides of the building, lifted

approximately 2-3cm in places (TN3). Sections of

the building are rendered and painted. Windows

are generally well sealed. The building is lit by

security lights. Fans on classroom windows are

well sealed. There is a boiler room on the roof of

B1 (TN4). The boiler room is located in a metal

container, with a chimney on top. The chimney is

rendered, with galvanised metal around the top,

with possible gaps beneath. Not able to fully

assess from the ground. On the western side of

the B1 there is a plant room (TN5) at ground

level, with a door with vents in it.

Low

Page 46: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

B2: Plant

room

Single storey, brick built building approximately

3m high, with flat, felt lined roof with felt

overhang. Building generally in good condition.

Render and paint around the top of the building

between the roof and the door. Wooden double

door on northern side. Vents on the eastern,

southern and western sides of the building which

are generally well sealed with exception of the

vent on southern side which is broken, allowing

potential access into the structure. Vent located

approximately 2m high and the hole is

approximately 4cm wide (TN2). May provide

access into cavity wall.

Low

Page 47: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

B3:School

block

Single storey, brick built building, with flat, felt

lined roof. Painted render around top perimeter of

the building. Building generally well sealed with

no suitable features identified.

Negligible

B4:School

block

Single story, brick built building including the

reception to the high school building. Flat, felt

lined roof which is well sealed. Building well

sealed with no features identified.

Negligible

Page 48: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

B5:School

block

Single storey building with floor to ceiling glass

windows on western side. Building is a corridor

linking the school blocks. Building has wooden

cladding around top of structure. Flat, felt lined

roof which is well sealed. Building well generally

sealed with no features identified.

Negligible

Page 49: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

B6: School

block

Four storey, brick built building with wooden

cladding around the top metre of the structure.

Flat, felt lined roof, with felt overhang. Glass

boiler room on the roof of the building (TN6).

There is a metal roof on top of the boiler room,

which is lifted in places. Hard to view from the

ground. Gap between felt overhang and wooden

cladding (TN7) on all sides of the building,

approximately 15m high. Gap between wooden

cladding on southern side of building (TN9),

approximately 15cm long and 3cm wide. Gap in

mortar on south side of building (TN10),

approximately 3m high. Broken fan on southern

side of building located approximately 6m high,

may lead into cavity wall (TN11).

Low

Page 50: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

B7: School

block

Two storey brick built building, with flat, concrete

roof. The building has a fire escape on the

northern side. Building generally well sealed with

no features identified.

Negligible

Page 51: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

B8: Plant

room

Small, single storey, brick built building, with

wooden cladding around top. Flat, felt lined roof.

Gap beneath wooden cladding on all aspects,

approximately 3m high (TN8). May provide access

into the structure. Evidence of nesting birds in

north east corner of the building.

Low

B9: School

block

Single storey, brick built building, with flat, felt

lined roof. Wooden cladding around top perimeter

of building. Felt generally well sealed. Gaps in

window frames beneath wooden joins (TN12).

Gap approximately 10cm long and 2-3cm wide

and approximately 3m high. May lead into cavity

wall. The same feature is present on the western

and southern sides of the building. Wooden

cladding is damaged on the southern side of

building (TN13), approximately 4m high and

10cm long, with width of 2-3cm. Possible gap

Low

Page 52: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

(TN14) between the wooden cladding and brick

wall on south eastern side of building, extending

along the eastern side of the building, around the

corner of the building. Approximately 3m high

and 7m in length. Hard to view gap from ground

level. Damaged section of wooden cladding on

eastern side of building (TN16). Approximately

3m high and 1.5m in length, with width of

approximately 5cm.

B10:Garage

Garage building with pebble dash render and

wooden facade. Wooden door on west facing side

of the building with gap along the length of the

top of the door frame (TN15). Gap approximately

2-3cm wide.

Low

Page 53: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

B11: Sports

hall

Two storey, brick built building, with flat, felt

lined roof which is well sealed. Two vents are

located on the eastern and western sides of

building (TN17 and TN18). Both located

approximately 4m high, with gaps approximately

5cm long and 2cm wide.

Low

B12: School

block

Single storey, brick built building, with flat felt

lined roof. Building well sealed, with no features

identified.

Negligible

Page 54: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

B13:School

block

Single storey, brick built building, with flat, felt

lined roof. Building forms corridor between other

school blocks. Building well sealed, with no

features identified.

Negligible

B14:Ysgol

Mair

Mixed construction comprising an original brick

built building with concrete flat roof and brick

built boiler room on the roof. Extensions to the

original building have been added and include

brick built buildings, with pitched, tiled roofs and

gable ends. Ridge tiles and lead flashing are

present along the pitched roof apexes. Not all of

the building structure is visible from the ground.

Security lights around the building. There are a

number of metal vents and flues on the roof but

generally well sealed and well maintained. Ridge

tiles lifted at southern end of gable (TN19). Loose

Low

Page 55: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

tiles and lead flashing on base of boiler room

structure on roof (TN20). Small bore hole in wall

(TN21), approximately 3cm in diameter and 2m

high. Located on the east side of the building.

Cellar plant room beneath school (TN22), with

wire mesh in door and 2-3cm gap above the door

frame. Door into brick built boiler room on the

roof of school (TN23). Door propped open,

providing access into structure. Missing mortar

beneath roof tiles on north facing gable end

(TN24). The mortar is missing on both sides of

the gable end. Possible gap between guttering

and roof tiles (TN25) but hard to view from

ground level. Gap located beneath ridge tiles at

northern end of roof, on east facing side of

building (TN26). Lead flashing lifting in same

location Weather damage to wooden cladding

between the roofs of the building (TN27). The

feature is located between the pitches of the roof

structure, visible from southern end of building.

Broken bricks beneath metallic roof overhang,

with no mortar visible between the bricks (TN28).

Loose tiles and possible gap beneath the ridge

Page 56: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

tiles (TN30). Located on the west facing side of

the roof structure. Loose tiles in corner of roof

(TN31). Broken guttering, with possible gap

beneath roof tiles (TN32). The gap is

approximately 2m long and 5cm wide.

Approximately five gaps between wooden

buttresses supporting bonnet roof (TN33). Gaps

are approximately 5cm long and 3cm wide. Hole

in wooden board beneath bonnet roof (TN34).

Hole is approximately 2m high, 40cm long and

8cm wide, leading into cavity. Gap between roof

tiles and guttering (TN35). Gap approximately 3m

high, 5cm long and 3cm wide between the gutter

and roof tiles. Plastic vents in the pitched roof,

may provide access into plant room below

(TN36). Vents located in centre of roof. South

facing door into plant room (TN37). Slats in the

door are 2cm wide and 50cm long. Gap between

roof tiles and guttering (TN38), approximately

3cm wide and 15cm long. Loose tile on south

facing roof (TN39). Ivy on south facing wall near

the main reception entrance. Ivy thick and covers

both the wall and the roof (TN40). Loose bricks in

Page 57: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Building Photo Description Bat Roost Potential

brick built boiler room on roof. Missing mortar

and loose bricks on south facing side of the

structure (TN41).

B15:Nursery

Wooden clad building, with pitched, felt roof, with

wooden overhang. Plywood boards are attached

to the lower half of the structure. There is

damage to the boards but access points do not

lead into the structure. Wooden cladding broken

at the western end of the building (TN29). Hole

approximately 2m high, 5cm long and 2cm wide.

May provide access into internal structure

Low

Page 58: Blessed Edward Jones Catholic High School & Ysgol Mair ......ecological appraisal (PEA) for Blessed Edward Jones Catholic High School and Ysgol Mair Primary School (hereafter referred

Blessed Edward Jones Catholic High School & Ysgol Mair: Preliminary

Ecological Appraisal

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Appendix E – Legislation

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Bern Convention

The Convention on the Conservation of European Wildlife and Natural Habitats (the Bern

Convention) was adopted in Bern, Switzerland in 1979, and was ratified in 1982. Its aims are to

protect wild plants and animals and their habitats listed in Appendices 1 and 2 of the of the

Convention, and regulate the exploitation of speices listed in Appendix 3. The regulation imposes

legal obligations on participating countires to protect over 500 plant species and more than 1000

animals.

To meet its obligations imposed by the Convention, the European Community adopted the EC Birds

Directive (1979) and the EC Habitats Directive (1992 – see below). Since the Lisbon Treaty, in force

since 1st December 2009, European legislation has been adopted by the European Union.

Bonn Convention

The Convention on the Conservation of Migratory Species of Wild Animals or ‘Bonn Convention’ was

adopted in Bonn, Germany in 1979 and came into force in 1985. Participating states agree to work

together to preserve migratory species and their habitats by providing strict protection to species

listed in Appendix I of the Convention. It also establishes agreements for the conservation and

management of migratory species listed in Appendix II.

In the UK, the requirements of the convention are implemented via the Wildlife & Countryside Act

1981 (as amended), Wildlife (Northern Ireland) Order 1985 (as amended), Nature Conservation and

Amenity Lands (Northern Ireland) Order 1985 and the Countryside and Rights of Way Act 2000

(CRoW).

Habitats Directive

The Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and

Fora, or the ‘Habitats Directive’, is a European Union directive adopted in 1992 in response to the

Bern Convention. Its aims are to protect approximately 220 habitats and 1,000 species listed in its

several Annexes.

In the UK, the Habitats Directive is transposed into national law via the Conservation of Habitats and

Species Regulations 2010 (as amended) in England and Wales, and via the Conservation (Natural

Habitats, &c) Regulations (Northern Ireland) 1995 (as amended) in Northern Ireland.

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Birds Directive

The EC Directive on the Conservation of Wild Birds (791409/EEC) or ‘Birds Directive’ was introduced

to achieve favourable conservation status of all wild bird species across their distribution range. In

this context, the most important provision is the identification and classification of Special Protection

Areas (SPAs) for rare or vulnerable species listed in Annex 1 of the Directive, as well as for all

regularly occurring migratory species, paying particular attention to the protection of wetlands of

international importance.

Conservation of Habitats and Species Regulations 2010 (as amended)

Regulations place a duty on the Secretary of State to propose a list of sites which are important for

either habitats or species (listed in Annexes I or II of the Habitats Directive respectively) to the

European Commission. These sites, if ratified by the European Commission, are then designated as

Special Protection Areas (SPAs) within six years. Amendments made in 2012 stipulated that public

bodies help preserve, maintain and re-establish habitats for wild birds.

The Regulations also make it an offence to deliberately capture, kill, disturb or trade in the animals

listed in Schedule 2, or pick, uproot, destroy, or trade in the plants listed in Schedule 5 - see below:

Schedule 2 – European Protected Species of

Animals

Schedule 5 – European Protected Species

of Plants

Horseshoe bats Rhinolophidae - all species Shore dock Rumex rupestris

Common bats Vespertilionidae - all species Killarney fern Trichomanes speciosum

Wild cat Felis silvestris Early gentian Gentianella anglica

Dolphins, porpoises and whales Cetacea – all sp. Lady’s-slipper Cypripedium calceolus

Dormouse Muscardinus avellanarius Creeping marshwort Apium repens

Pool frog Rana lessonae Slender naiad Najas flexilis

Sand lizard Lacerta agilis Fen orchid Liparis loeselii

Fisher’s estuarine moth Gortyna borelii lunata Floating-leaved water plantain Luronium natans

Great crested newt Triturus cristatus Yellow marsh saxifrage Saxifraga hirculus

Otter Lutra lutra

Lesser whirlpool ram’s-horn snail Anisus vorticulus

Smooth snake Coronella austriaca

Sturgeon Acipenser sturio

Natterjack toad Epidalea calamita

Marine turtles Caretta caretta, Chelonia mydas,

Lepidochelys kempii, Eretmochelys imbricata,

Dermochelys coriacea

Wildlife & Countryside Act 1981 (as amended)

This is the principal mechanism for the legislative protection of wildlife in the UK. This legislation is

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the chief means by which the ‘Bern Convention’ and the Birds Directive are implemented in the UK.

Since it was first introduced, the Act has been amended several times.

The Act makes it an offence to (with exception to species listed in Schedule 2) intentionally:

• kill, injure, or take any wild bird;

• take, damage or destroy the nest of any wild bird while that nest is in use; or

• take or destroy an egg of any wild bird.

Or to intentionally do the following to a wild bird listed in Schedule 1:

• disturbs any wild bird 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.

In addition, the Act makes it an offence (subject to exceptions) to:

• intentionally or recklessly kill, injure or take any wild animal listed on Schedule 5;

• interfere with places used for shelter or protection, or intentionally disturbing animals

occupying such places; and

• The Act also prohibits certain methods of killing, injuring, or taking wild animals.

Finally, the Act also makes it an offence (subject to exceptions) to:

• intentionally pick, uproot or destroy any wild plant listed in Schedule 8, or any seed or spore

attached to any such wild plant;

• unless an authorised person, intentionally uproot any wild plant not included in Schedule 8;

or

• sell, offer or expose for sale, or possess (for the purposes of trade), any live or dead wild

plant included in Schedule 8, or any part of, or anything derived from, such a plant.

Following all amendments to the Act, Schedule 5 ‘Animals which are Protected’ contains a total of

154 species of animal, including several mammals, reptiles, amphibians, fish and invertebrates – see

below for the full list. Schedule 8 ‘Plants which are Protected’ of the Act, contains 185 species,

including higher plants, bryophytes and fungi and lichens. A comprehensive and up-to-date list of

these species can be obtained from the JNCC website.

Part 14 of the Act makes unlawful to plant or otherwise case to grow in the wild any plant which is

listed in Part II of Schedule 9. It is recommended that plant material of these species is disposed of

as bio-hazardous waste, and these plants should not be used in planting schemes.

Schedule 1 - Birds which are protected by special penalties

Avocet Recurvirostra avosetta Osprey Pandion haliaetus

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Bee-eater Merops apiaster Owl, Barn Tyto alba

Bittern Botaurus stellaris Owl, Snowy Nyctea scandiaca

Bittern, Little Ixobrychus minutus Peregrine Falco peregrinus

Bluethroat Luscinia svecica Petrel, Leach’s Oceanodroma leucorhoa

Brambling Fringilla montifringilla Phalarope, Red-necked Phalaropus lobatus

Bunting, Cirl Emberiza cirlus Plover, Kentish Charadrius alexandrinus

Bunting, Lapland Calcarius lapponicus Plover, Little Ringed Charadrius dubius

Bunting, Snow Plectrophenax nivalis Quail, Common Coturnix coturnix

Buzzard, Honey Pernis apivorus Redstart, Black Phoenicurus ochruros

Capercaillie Tetrao urogallus Redwing Turdus iliacus

Chough Pyrrhocorax pyrrhocorax Rosefinch, Scarlet Carpodacus erythrinus

Corncrake Crex crex Ruff Philomachus pugnax

Crake, Spotted Porzana porzana Sandpiper, Green Tringa ochropus

Crossbills (all species) Loxia Sandpiper, Purple Calidris maritima

Curlew, Stone Burhinus oedicnemus Sandpiper, Wood Tringa glareola

Divers (all species) Gavia Scaup Aythya marila

Dotterel Charadrius morinellus Scoter, Common Melanitta nigra

Duck, Long-tailed Clangula hyemalis Scoter, Velvet Melanitta fusca

Eagle, Golden Aquila chrysaetos Serin Serinus serinus

Eagle, White-tailed Haliaetus albicilla Shorelark Eremophila alpestris

Falcon, Gyr Falco rusticolus Shrike, Red-backed Lanius collurio

Fieldfare Turdus pilaris Spoonbill Platalea leucorodia

Firecrest Regulus ignicapillus Stilt, Black-winged Himantopus himantopus

Garganey Anas querquedula Stint, Temminck’s Calidris temminckii

Godwit, Black-tailed Limosa limosa Swan, Bewick’s Cygnus bewickii

Goshawk Accipiter gentilis Swan, Whooper Cygnus cygnus

Grebe, Black-necked Podiceps nigricollis Tern, Black Chlidonias niger

Grebe, Slavonian Podiceps auritus Tern, Little Sterna albifrons

Greenshank Tringa nebularia Tern, Roseate Sterna dougallii

Gull, Little Larus minutus Tit, Bearded Panurus biarmicus

Gull, Mediterranean Larus melanocephalus Tit, Crested Parus cristatus

Harriers (all species) Circus Treecreeper, Short-toed Certhia brachydactyla

Heron, Purple Ardea purpurea Warbler, Cetti’s Cettia cetti

Hobby Falco subbuteo Warbler, Dartford Sylvia undata

Hoopoe Upupa epops Warbler, Marsh Acrocephalus palustris

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Kingfisher Alcedo atthis Warbler, Savi’s Locustella luscinioides

Kite, Red Milvus milvus Whimbrel Numenius phaeopus

Merlin Falco columbarius Woodlark Lullula arborea

Oriole, Golden Oriolus oriolus Wryneck Jynx torquilla

Schedule 5- Animals which are protected

Adder (re: S.9(5) only) Vipera berus Lagoon Worm, Tentacled (re: S.9(4)(a) only) Alkmaria

romijni

Allis Shad (re: S.9(1) & (4)(a) only) Alosa alosa Leech, Medicinal Hirudo medicinalis

Anemone, Ivell’s Sea Edwardsia ivelli Lizard, Sand (re: S.9(4)(b) & (c) & (5) only) Lacerta agilis

Anemone, Startlet Sea Nematosella vectensis Lizard, Viviparous (re: S.9(5) only) Lacerta vivipara

Apus Triops cancriformis Marten, Pine Martes martes

Bats, Horseshoe (all sp. but re: S.9(4)(b) & (c) & (5) only)

Rhinolophidae

Mat. Trembling Sea Victorella pavida

Bats, Typical (all sp. but re: S.9(4)(b) & (c) & (5) only)

Vespertilionidae

Moth, Barberry Carpet Pareulype berberata

Beetle Graphoderus zonatus Moth, Black-veined Siona lineata / Idaea lineata)

Beetle Hypebaeus flavipes Moth, Fiery Clearwing Bembecia chrysidiformis

Beetle Paracymus aeneus Moth, Fisher’s Estuarine (re: S.9(4)(b) & (c) & (5) only)

Gortyna borelii

Beetle, Lesser Silver Water Hydrochara caraboides Moth, New Forest Burnet Zygaena viciae

Beetle, Mire Pill (re: S.9(4)(a) only) Curimopsis nigrita Moth, Reddish Buff Acosmetia caliginosa

Beetle, Rainbow Leaf Chrysolina cerealis Moth, Slender Scotch Burnet (re: S.9(5) only) Zygaena loti

subspecies scotica

Beetle, Stag (re: S.9(5) only) Lucanus cervus Moth, Sussex Emerald Thalera fimbrialis

Beetle, Violet Click Limoniscus violaceus Moth, Talisker Burnet (re: S.9(5) only) Zygaena lonicerae

subspecies jocelynae

Burbot Lota lota Mussel, Fan (re: S.9(1), (2) & (5) only) Atrina fragilis

Butterfly, Northern Brown Argus Aricia artaxerxes Mussel, Freshwater Pearl Margaritifera margaritifera

Butterfly, Adonis Blue Lysandra bellargus Newt, Great Crested or Warty (re: S.9(4)(b) & (c) & (5)

only) Triturus cristatus

Butterfly, Chalkhill Blue Lysandra coridon Newt, Palmate (re: S.9(5) only) Triturus helveticus

Butterfly, Silver-studded Blue Plebejus argus Newt, Smooth (re: S.9(5) only) Triturus vulgaris

Butterfly, Small Blue Cupido minimus Otter, Common (re: S.9(4)(b) & (c) & (5) only) Lutra lutra

Butterfly, Large Copper Lycaena dispar Porpoises (all species but re: S.9(5) only) Cetacea

Butterfly, Purple Emperor Apatura iris Sandworm, Lagoon Armandia cirrhosa

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Butterfly, Duke of Burgandy Fritillary Hamearis lucina Sea Fan, Pink (re: S.9(1), 9(2) & 9(5) only) Eunicella

verrucosa

Butterfly, Glanville Fritillary Melitaea cinxia Seahorse, Short Snouted (re: England & Wales only)

Hippocampus hippocampus

Butterfly, Heath Fritillary Mellicta athalia / Melitaea athalia) Seahorse, Spiny (re: England & Wales only) Hippocampus

guttulatus

Butterfly, High Brown Fritillary Argynnis adippe Sea Slug, Lagoon Tenellia adspersa

Butterfly, Marsh Fritillary Eurodryas aurinia Shad, Twaite (re: S.9(1) & (4)(a) only) Alosa fallax

Butterfly, Pearl-bordered Fritillary Boloria euphrosyne Shark, Angel (re: S.9(1), (2) & (5) only) Squatina squatina

Butterfly, Black Hairstreak Strymonidia pruni Shark, Basking Cetorhinus maximus

Butterfly, Brown Hairstreak Thecla betulae Shrimp, Fairy Chirocephalus diaphanus

Butterfly, White Letter Hairstreak Stymonida w-album Shrimp, Lagoon Sand (re: S.9(4)(a) only) Gammarus

insensiblis

Butterfly, Large Heath Coenonympha tullia Skate, White (re: S.9(1), (2) & (5) only) Rostroraja alba

Butterfly, Large Blue (re: S.9(4)(b) & (c) & (5) only)

Maculinea arion

Slow-worm (re: S.9(5) only) Anguis fragilis

Butterfly, Mountain Ringlet Erebia epiphron Snail, Glutinous Myxas glutinosa

Butterfly, Chequered Skipper Carterocephalus palaemon Snail, Roman (in re: S.9(1), (2) & (5) only & in England &

Wales only) Helix pomatia

Butterfly, Lulworth Skipper Thymelicus acteon Snail, Sandbowl Catinella arenaria

Butterfly, Silver Spotted Skipper Hesperia comma Snake, Grass (re: S.9(5) only) Natrix helvetica / Natrix

natrix)

Butterfly, Swallowtail Papilio machaon Snake, Smooth (re: S.9(4)(b) & (c) & (5) only) Coronella

austriaca

Butterfly, Large tortoiseshell Nymphalis polychloros Spider, Fen Raft Dolomedes plantarius

Butterfly, Wood White Leptidea sinapis Spider, Ladybird Eresus niger

Cat, Wild (re: S.9(4)(b) & (c) & (5) only) Felis silverstris Squirrel, Red Sciurus vulgaris

Cicada, New Forest Cicadetta montana Sturgeon (re: S.9(4)(b) & (c) & (5) only) Acipenser sturio

Crayfish, Atlantic Stream or White-clawed Austropotamobius

pallipes

Toad, Common (re: S.9(5) only) Bufo bufo

Cricket, Field Gryllus campestris Toad, Natterjack (re: S.9(4)(b) & (c) & (5) only) Bufo

calamita

Cricket, Mole Gryllotalpa gryllotalpa Turtle, Flatback Natator depressus

Dameselfly, Southern Coenagrion mercuriale Turtle, Green Sea (re: S.9(4)(b) & (c) & (5) only) Chelonia

mydas

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Dolphins (re: S.9(4A) & (5) only) Cetacea Turtle, Hawksbill (re: S.9(4)(b) & (c) & (5) only)

Eretmochelys imbricata

Dormouse (re: S.9(4)(b) & (c) & (5) only) Muscardinus

avellanarius

Turtle, Kemp's Ridley Sea (re: S.9(4)(b) & (c) & (5) only)

Lepidochelys kempii

Dragonfly, Norfolk Aeshna Aeshna isosceles Turtle, Leatherback Sea (re: S.9(4)(b) & (c) & (5) only)

Dermochelys coriacea

Frog, Common (re: S.9(5) only) Rana temporaria Turtle, Loggerhead Sea (re: S.9(4)(b) & (c) & (5) only)

Caretta caretta

Frog, Pool (Northern Clade) (re: S.9(4)(b) & (c)(1) & in

England only) Pelophylax lessonae

Turtle, Olive Ridley Lepidochelys olivacea

Goby, Couch’s Gobius couchii Vendace Coregonus albula

Goby, Giant Gobius cobitis Vole, Water Arvicola terrestris / Arvicola terrestris

Grasshopper, Wart-biter Decticus verrucivorus Walrus Odebenus rosmarus

Hatchet Shell, Northern Thyasira gouldi Whale (all sp. but re: S.9(4A) & (5) only Cetacea

Hydroid, Marine Clavopsella navis Whitefish Coregonus lavaretus

Lagoon Snail, De Folin’s Caecum armoricum Lagoon Worm, Tentacled (re: S.9(4)(a) only) Alkmaria

romijni

Adder (re: S.9(5) only) Vipera berus

Schedule 9 – List of Invasive plant species

Australian swamp stonecrop

or New Zealand pygmyweed

Crassula helmsii Japanese rose Rosa rugosa

Californian red seaweed Pikea californica Japanese seaweed Sargassum muticum

Curly waterweed Lagarosiphon major Laver seaweeds (except

native species)

Porphyra spp

Duck potato Sagittaria latifolia Parrot’s-feather Myriophyllum aquaticum

Entire-leaved cotoneaster Cotoneaster integrifolius Perfoliate alexanders Smyrnium perfoliatum

False Virginia creeper Parthenocissus inserta Pontic rhododendron Rhododendron ponticum

Fanwort or Carolina water-

shield

Cabomba caroliniana Purple dewplant Disphyma crassifolium

Few-flowered garlic Allium paradoxum Red algae Grateloupia luxurians

Floating pennywort Hydrocotyle ranunculoides Rhododendron Rhododendron ponticum ×

Rhododendron maximum

Floating water primrose Ludwigia peploides Small-leaved cotoneaster Cotoneaster microphyllus

Giant hogweed Heracleum

mantegazzianum

Three-cornered garlic Allium triquetrum

Giant kelp Macrocystis spp. Variegated yellow

archangel

Lamiastrum galeobdolon

subsp. argentatum

Giant knotweed Fallopia sachalinensis Virginia creeper Parthenocissus quinquefolia

Giant rhubarb Gunnera tinctoria Wakame Undaria pinnatifida

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Giant salvinia Salvinia molesta Wall cotoneaster Cotoneaster horizontalis

Green seafingers Codium fragile Water fern Azolla filiculoides

Himalayan cotoneaster Cotoneaster simonsii Water hyacinth Eichhornia crassipes

Hollyberry cotoneaster Cotoneaster bullatus Water lettuce Pistia stratiotes

Hooked asparagus seaweed Asparagopsis armata Water primrose Ludwigia grandiflora

Hottentot fig Carpobrotus edulis Water primrose Ludwigia uruguayensis

Hybrid knotweed Fallopia japonica × Fallopia

sachalinensis

Waterweeds Elodea spp.

Indian (Himalayan) balsam Impatiens glandulifera Yellow azalea Rhododendron luteum

Japanese knotweed Fallopia japonica

Protection of Badgers Act 1992

The main legislation protecting badgers in England and Wales is the Protection of Badgers Act 1992

(the 1992 Act). Under the 1992 Act it is an offence to: wilfully kill, injure, take or attempt to kill,

injure or take a badger; dig for a badger; interfere with a badger sett by, damaging a sett or any

part thereof, destroying a sett, obstructing access to a sett, causing a dog to enter a sett or

disturbing a badger while occupying a sett.

The 1992 Act defines a badger sett as: “any structure or place which displays signs indicating current

use by a badger”

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Environment (Wales) Act 2016

As part of Welsh Government’s commitment to reversing the decline in biodiversity in Wales and

increasing the resilience of its ecosystems, the Environment (Wales) Act introduces a new

biodiversity duty, which highlights biodiversity as an essential component of ecosystem resilience.

Section 6 of the Act places a duty on public authorities to ‘seek to maintain and enhance biodiversity’

so far as it is consistent with the proper exercise of those functions. In so doing, public authorities

must also seek to ‘promote the resilience of ecosystems’. The duty replaces the section 40 duty in

the Natural Environment and Rural Communities Act 2006 (NERC Act 2006), in relation to Wales, and

applies to those authorities that fell within the previous duty.

Section 7 replaces the duty in section 42 of the NERC Act 2006. The Welsh Ministers will publish,

review and revise lists of living organisms and types of habitat in Wales, which they consider are of

key significance to sustain and improve biodiversity in relation to Wales. In producing the list or

taking any measures to improve the listed organisms and habitats, the Welsh Ministers must apply

the principles of sustainable management of natural resources. Therefore, they must consider any

appropriate evidence, for example as provided in the State of Natural Resources Report, and also

engage with any relevant stakeholders, including pertinent public authorities. Certain public

authorities will also be required to consider the section 7 list, in complying with the new biodiversity

duty under section 6 of the Act. The list is important in assisting public bodies to identify potential

issues that they may wish to address in meeting their well-being objectives, in addition to

contributing to the well-being goal ‘a resilient Wales’ (Goal 2).

In the absence of a revised list, the section 42 NERC Act list is still relevant: the S42 list includes 56

habitats of principal importance and over 500 species of principal importance.

Hedgerow Regulations 1997

The Hedgerow Regulations were made under Section 97 of the Environment Act 1995 and came into

force in 1997. They introduced new arrangements for local planning authorities in England and

Wales to protect important hedgerows in the countryside, by controlling their removal through a

system of notification. Important hedgerows are defined by complex assessment criteria, which draw

on biodiversity features, historical context and the landscape value of the hedgerow.

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Birds of Conservation Concern

This is a review of the status of all birds occurring regularly in the United Kingdom. It is regularly

updated and is prepared by leading bird conservation organisations, including the British Trust for

Ornithology (BTO), Joint Nature Conservation Committee (JNCC) and The Royal Society for the

Protection of Birds (RSPB).

The latest report was produced in 2015 (Eaton et al, 2015) and identified 67 red list species, 96

amber species, and 81 green species. The criteria are complex, but generally:

• Red list species are those that have shown a decline of the breeding population, non-

breeding population or breeding range of more than 50% in the last 25 years.

• Amber list species are those that have shown a decline of the breeding population, non-

breeding population or breeding range of between 25% and 50% in the last 25 years. Species that have a UK breeding population of less than 300 or a non-breeding population

of less than 900 individuals are also included, together with those whose 50% of the

population is localised in 10 sites or fewer and those whose 20% of the European

population is found in the UK.

• Green list species are all regularly occurring species that do not qualify under any of the

red or amber criteria are green listed

Global IUCN Red List

The International Union for Conservation of Nature (IUCN) Threatened Species was devised to

provide a list of those species that are most at risk of becoming extinct globally. It provides

taxonomic, conservation status and distribution information about threatened taxa around the globe.

The system catalogues threatened species into groups of varying levels of threat, which are: Extinct

(EX), Extinct in the Wild (EW), Critically Endangered (CE), Endangered (EN), Vulnerable (VU), Near

Threatened (NT), Least Concern (LC), Data Deficient (DD), Not Evaluated (NE). Criteria for

designation into each of the categories is complex, and consider several principles.

Local Biodiversity Action Plan (LBAP)

Local Biodiversity Action Plans (LBAP) identify habitat and species conservation priorities at a local

level (typically at the County level), and are usually drawn up by a consortium of local Government

organisations and conservation charities.

Some LBAP’s may also include Habitat Action Plans (HAP) and/or Species Action Plans (SAP), which

are used to guide and inform the local decision making process.

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Wild Mammals (Protection) Act 1996

This Act offers protects a form of protection to all wild species of mammals, irrespective of other

legislation, and focussed on animal welfare, rather than conservation.

Unless covered by one of the exceptions, a person is guilty of an offence if he mutilates, kicks, beats,

nails or otherwise impales, stabs, burns, stones, crushes, drowns, drags or asphyxiates any wild

mammal with intent to inflict unnecessary suffering.

It’s application is typically restricted to preventing deliberate harm to wildlife (in general) during

construction works etc.


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