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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]
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.
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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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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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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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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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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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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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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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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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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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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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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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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• 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
4445 47
44
42
43
46
G:\G
IS So
utham
pton\A
1040
86_R
hylCa
tholic
Scho
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
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
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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
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Appendix C – Vascular Plant Species
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
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
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
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
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
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
Blessed Edward Jones Catholic High School & Ysgol Mair Primary School:
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Appendix D – Bat Feature Target Notes
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
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
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
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
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
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
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
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
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
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
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
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
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
Blessed Edward Jones Catholic High School & Ysgol Mair: Preliminary
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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.