Land at Westaway Plain - Pilton Residents Group · Audit. JNCC Peterborough. 5 Stace, C. (2010) New...

Land at Westaway Plain Extended Phase 1 Habitat

Survey

May 2013

Client: Land at Westaway Plain Report Ref: SET1056_01 Author: Hannah Maben MCIEEM www.seasonsecology.co.uk

Land at Westaway Plain

Extended Phase 1 Habitat Survey

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Non-Technical Summary

Site location and approximate size

Land at Westaway Plain; Approximately 1.8ha.

Survey date and scope 24th May 2013. Desk study (comprising a review of web-based resources) and extended Phase 1 habitat survey.

Survey methods Standard Phase 1 habitat survey methodology as described in the Handbook for Phase 1 Habitat Survey (JNCC, 2010).

Surveyor Hannah Maben MCIEEM.

Site assessment The site comprises horse-grazed improved grassland, hedgerows, trees, plantation, hard-standing, a wall and fencing. Roads, residential properties and North Devon District Hospital associated with the sub-urban outskirts of Barnstaple lie to the east and south of the site. Fields and woodland lie to the north and west of the site. Bradiford Valley Site of Special Scientific Interest lies approximately 150m to the north of the site and Shearford Lane & Bradiford Scarp County Wildlife Site (CWS) lies adjacent to the western site boundary.

The site as a whole is assessed as being of ecological importance at the Site level. Individually the habitats have Site (improved grassland and plantation) – Local (hedgerow and trees) importance. The hard-standing, fencing and walls are of negligible ecological importance. The habitats on site are unlikely to support any flora of note. In terms of fauna, the site supports birds commonly associated with sub-urban and rural environments, and is suitable to support low numbers of foraging bats, dormice, widespread species of reptiles, amphibians and invertebrates. The size of the site limits its value to such species and if used it is likely to be in combination with adjacent habitats.

Proposals Residential development.

Consideration of Proposals and Recommendations

The development proposals have been informed by the results of this ecological survey and will retain and protect the features of greatest ecological value thereby minimising ecological impact. The proposals have also sought to enhance biodiversity by incorporating new habitats into the scheme that are likely to benefit a range of species in the long-term. Areas of public open space and a woodland walk have been provided on site to provide recreational opportunities for future residents. Further considerations include:

Implementation of pollution control measures during construction

Sensitive lighting scheme

Provision of information to future residents regarding responsible cat/dog ownership to minimise impacts on breeding birds and other fauna

Provision of bat roosting, bird nesting and reptile/amphibian refuge opportunities.



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Contents

Non-Technical Summary 1

1. Introduction 3

1.1 Background 3

1.2 Scope and Objectives of Report 3

2. Legislation and Planning Policy 3

3. Methods 3

3.1 Desktop Study 3

3.2 Phase 1 Habitat Survey 4

3.3 Limitations of Survey 4

3.4 Evaluation 4

4. Baseline Conditions 5

4.1 Desktop Study 5

4.3 Field Survey 6

4.4 Consideration to Protected/Notable Species 7

5. Evaluation 9

6. Consideration of the Proposals and Recommendations 9

7. Annexes

Annex 1: Legislation and Planning Policy

Annex 2: Indicative Species List

Annex 3: Site Photographs

Annex 4: Proposals Plan

8. Figures

Figure 1: Phase 1 Habitat Map



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1. Introduction

1.1 Background

1.1.1 Seasons Ecology was instructed by Devonshire Homes to undertake an extended Phase 1 habitat survey of an area of land at Westaway Plain, Pliton, Barnstaple, Devon. This area of land (referred to as the ‘site’ in this report) is subject to a proposal for residential development.

1.1.2 The site is on the northern boundary of a sub-urban area of Barnstaple. Trees, hedgerows and roads bound the site to the east and south (the A39 and Westaway Plain respectively) and a hedgerow bounds the site to the west. The northern site boundary crosses through fields and is not demarcated on the ground by any specific feature. The North Devon District Hospital lies beyond the A39 to the east; residential properties lie beyond Westaway Plain to the south and fields lie beyond the hedgerows to the west and north.

1.2 Scope and Objectives of Report

1.2.1 This report provides a description of the site’s current ecological conditions and considers the ecological context of the site. Recommendations are made, as appropriate, to ensure ecology is considered within the proposal.

1.2.2 This report is based on the findings of an extended Phase 1 habitat survey of the site undertaken on 24th May 2013.

1.2.3 The report is supported by the following:

Figure 1: Phase 1 Habitat Map;

Annex 1: Legislation and Planning Policy;

Annex 2: Species list; and,

Annex 3: Site Photographs.

2. Legislation and Planning Policy

2.1.1 This report has been compiled with reference to relevant legislation and national planning policies, which protect wildlife. Annex 1 provides a brief summary of this legislation and policy.

3. Methods

3.1 Desktop Study

3.1.1 A web-based desk study has been undertaken on 24th May 2013. The following sources were used to obtain existing information on designated sites of nature conservation interest within 2km of the site, 4km in respect to bats, and assess the ecological context of the site:

MAGIC website1;

1 http://magic.defra.gov.uk/website/magic/

http://magic.defra.gov.uk/website/magic/



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Ordnance Survey maps2; and,

Google Earth3.

3.2 Phase 1 Habitat Survey

3.2.1 A standard Phase I habitat survey (Handbook for Phase 1 Habitat Survey, JNCC, 20104) of the site was undertaken by Hannah Maben MCIEEM, on 24th May 2013. The survey was extended to record provisional signs of protected/notable species.

3.2.2 The survey comprised a systematic walkover of the site. The main habitats present were recorded and target notes were used to record features of interest. A list was compiled of observed plant species (using the nomenclature of Stace, 20125) with the common name used in the main content of this report; both the common names and Latin names of species recorded on site are provided with Annex 2.

3.3 Limitations of Survey

3.3.1 The survey does not necessarily record plants or animals that may appear on the site at other times of the year and were therefore not evident at the time of the survey.

3.4 Evaluation

3.4.1 Habitats (and species where evidence is found) identified within the site boundary have been assigned ecological values using the standard Institute of Ecology and Environmental Management (IEEM, 20066) scale that classifies ecological receptors (habitats/species) within a defined geographic context. The classification uses recognised and published criteria (e.g. Ratcliffe 19777) where the habitats and site are assessed in relation to their size, diversity, naturalness, rarity, fragility, typicalness, connectivity with surroundings, intrinsic value, recorded history and potential value. This geographical scale is as follows:

International importance;

UK importance;

National importance (England);

Regional importance;

County (or Metropolitan) importance;

District (or Unitary Authority, City or Borough) importance;

2 http://getamap.ordnancesurvey.co.uk/getamap/frames.htm

3 http://maps.google.co.uk/

4 Joint Nature Conservation Committee (JNCC) (2010) Handbook for Phase I Habitat Survey – a Technique for Environmental

Audit. JNCC Peterborough.

5 Stace, C. (2010) New Flora of the British Isles 3rd Edition. Cambridge University Press.

6 Institute for Ecology and Environmental Management (2006). Guidelines for Ecological Impact Assessment in

the United Kingdom (version 7 July 2006). IEEM.

7 Ratcliffe, D.A. (ed.) (1977). A Nature Conservation Review. Cambridge University Press, Cambridge.

http://getamap.ordnancesurvey.co.uk/getamap/frames.htm

http://maps.google.co.uk/



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Local or Parish importance;

Site importance (within the Site boundary only);

Negligible.

4. Baseline Conditions

4.1 Desktop Study

4.1.1 The findings of the desktop study are summarised below.

Designated Sites of Nature Conservation Value

4.1.5 There are no statutorily designated sites of specific nature conservation interest affecting the site itself. There are three statutory sites within 2km of the site:

Bradiford Valley Site of Special Scientific Interest (SSSI) is located around 150m to the north of the site beyond a field and the stream Bradiford Water. Bradiford Valley SSSI is designated due to its ancient sessile oak woodland and associated breeding birds.

Taw-Torridge Estuaries SSSI is located around 1.4km to the south-west of the site beyond the urban area of Barnstaple. The citation for this site identifies it as being of major importance for its overwintering and migratory populations of wading birds. In addition, rare plants grow along its shores.

Taw and Torridge Estuary Important Bird Area is located around 1.4km to the south-west of the site beyond the urban area of Barnstaple. This designation again recognises the estuaries importance for bird species.

4.1.6 A further SSSI, Plaistow Quarry, is located within 4km of the site, but is not specifically of bat interest.

4.1.7 A detailed search for non-statutorily designated site has not been completed at this stage; however, an internet search has identified that Shearford Lane & Bradiford Scarp County Wildlife Site (CWS) lies adjacent to the site8. This CWS comprises an area of broadleaved semi-natural woodland, scrub, a species-rich hedgebank, ponds and a watercourse. Shearford Lane is probably an ancient trackway, with mature, species-rich hedges and numerous ancient woodland indicator species.

Habitats and Ecological Context

4.1.8 Based on a review of Ordnance Survey maps and Google Earth, the site is located on the urban edge of Barnstaple. The site appears typical of the farmed landscape that surrounds this town. The hedgerows and trees bounding the site provide connectivity to a wider network of hedgerows and farmed habitats to the north and west; however, the A39 and Westaway Plain form significant barriers to the east and south of the site. There is no apparent standing water within 500m of the site. A stream, Bradiford Water, is located approximately 150m to the north of the site.

8 http://www.devon.gov.uk/print/barnstaplepba.pdf

http://www.devon.gov.uk/print/barnstaplepba.pdf



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4.3 Field Survey

General Description of the Site

4.3.1 The site is approximately 1.8ha in size and primarily comprises horse-grazed pasture which forms part of two field units. A mature hedgerow and treeline border the site to the south and west of the site. The habitats are described below and shown on the Phase 1 habitat map (Figure 1). Photographs are provided within Annex 3.

Habitat Descriptions

4.3.2 Improved grassland – The site comprises the southern part of two fields of improved grassland (Plate 1, Annex 3). The fields have been heavily grazed by horses, but some areas of longer grass are present alongside the hedgerow forming the southern boundary of the site. Species include sweet vernal grass, perennial rye-grass, Yorkshire-fog, foxtail species, ribwort plantain, buttercups, speedwells, dandelion, daisy, clover, silverweed, vetch species, herb-Robert and meadowsweet. A slightly greater diversity of herb species is prevalent in areas that are not grazed (alongside access road and southern hedgerow). A tree stump overgrown with bramble scrub and a large stone are present within the field (Target Notes 1 and 2 respectively, Figure 1).

4.3.3 Hedgerows – A mature hedgerow is present along the southern site boundary. The access road breeches the hedgerow at is western end. The hedgerow is dense and species rich with woody species including beech, hawthorn, field maple and blackthorn with ground flora including common nettle, bindweed, cleavers, ramsons, lords-and-ladies, hogweed, ivy, harts-tongue fern, greater stitchwort and red campion. Some elder and honeysuckle is also present at the far western end of this hedgerow. The hedgerow is well managed and a small gap in the woody species to the east of the access point has recently been planted up with beech.

4.3.4 The western site boundary comprises an overgrown hedgerow with numerous mature trees. Species include beech, holly, elder, field maple, blackthorn, elm and hazel with ramsons and ivy present. This hedgerow lies at the top of an earth bank alongside an old sunken lane (Shearford Lane), which provides a public right of way to Bradiford Valley SSSI and other land to the north of the site.

4.3.5 Trees – A mature double treeline adjoins the eastern end of the hedgerow along the southern boundary (Plates 2 and 3, Annex 3). Trees include willow, Scot’s pine, poplar, leylandii and beech. Ivy is present on the ground and on some of the trees, but is relatively thin-stemmed and does not form dense cover. The ground flora is limited in places with areas of bare ground, but species do including bramble, dog’s mercury and ramsons.

4.3.6 Two mature walnut trees are situated within the improved grassland along the sites northern boundary of the site (Plate 4, Annex 3).

4.3.7 Two groups of mature trees are present on site: One in the far south-eastern corner; and, one in the south-western corner of the site. Beech is the dominant species with some hawthorn and ash present. Tall unmanaged grass and ruderals are present beneath the trees in the south-eastern corner with species including cock’s-foot, wood-sorrel, common nettle and thistles. A fallen tree is present within the group of trees to the south-east of the site (Plate 5, Annex 3). Ramsons dominate the ground flora beneath the group of trees in the south-western corner of the site, but other species including lesser celandine, dock, common nettle, fern and bramble are present. Some tree stumps are also present within this south-western group of trees.



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4.3.8 Plantation – A small line of recent plantation is present between the improved grassland and mature group of trees within the south-eastern part of the site (Plate 6, Annex 3). This plantation appears to be less than five years in age and is fenced on each site by post and wire fencing. Species including Scots pine, beech, hazel, holly and leylandii. Tall grasses and ruderals surround the planted trees of the same composition to that beneath the group of mature trees in this part of the site.

4.3.9 Hard-standing – An asphalt access track leading between Westaway Plain and a residential property and cattery to the north of the site separates the two fields on site (Plate 7, Annex 3). This access track is well used and maintained with no associated vegetation.

4.3.10 Fencing and wall – Post and wire netting is present around the fields and alongside the access track. Metal fencing is present along part of the eastern site boundary. All fencing is well maintained with no associated vegetation.

4.3.11 A stone wall is present along part of the southern and eastern site boundary (Plate 3, Annex 3). This wall is tall (up to around 1.5m in places) and appears to be in good condition with no apparent cracks or crevices. Some ivy and bramble is present on the wall.

4.3.12 Adjacent Habitats – To the north of the site the improved grassland continues up to hedgerows or fencing that mark the boundaries of the fields of which the site forms part of. Westaway farm and cattery is located to the north of the site and is reached via the access track that bisects the site. A well maintained grass road verge, trees and A39 lies to the east of the site beyond which is the North Devon District Hospital. To the south of the site are residential properties (some built in the last two years) and police station associated with the urban edge of Barnstaple. Shearford Lane lies to the east of the site and forms part of the Shearford Lane & Bradiford Scarp CWS. This lane is an old sunken access route which now provides pedestrian access to the north (including passing through Bradiford Valley SSSI). The lane is flanked by earth banks and mature overgrown hedgerows with ground flora comprising a range of grass and ruderal species. A ditch is also present at the base of the bank/hedgerow on the eastern side of this lane.

4.4 Consideration to Protected/Notable Species

4.4.1 Consideration as to the likely presence of protected/notable species has been given by combining the results of the desk study and Phase 1 habitat survey. Annex 1 provides a brief summary of the status and protection afforded to each species.

4.4.2 Flora – No notable flora was observed on site during the survey and it is considered unlikely that such species are likely to be present based on the habitats and site management. The hedgerows and tree habitats are suitable to support bluebell, but this species was not noted on site and would have been apparent at the time the survey was undertaken if present.

4.4.3 Mammals – The hedgerows and areas of trees provide opportunities for badger setts and the improved pasture and hedgerows provide a small area of optimal foraging habitat. However, no mammal burrows, well-worn tracks or foraging signs were apparent during the survey. Given the size of the site it is unlikely that it would be of significant value to badger if this species is present within the local area.

4.4.4 The grassland on site provides sub-optimal habitat for foraging bats especially given its exposed nature (during the survey weather conditions were extremely windy). Suitable foraging habitat for bats is present in the form of hedgerows, groups of trees and treelines, which provide more sheltered corridors and are likely to provide a diversity of insect prey. Street lighting alongside Westaway Plain to the south of the site may have some impact on bat species and numbers of bats likely to use this part of the site. Whilst these features are



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likely to provide commuting and foraging opportunities for bats they are unlikely to provide any significant proportion of any bat populations foraging resource due to the small size of the site and alternative corridors are present to the west and north of the site. Despite there being a number of mature trees on site, no suitable roosting habitat was observed. The adjacent new builds are unlikely to provide opportunities for roosting bats (built in roosting opportunities were not apparent); however, older residential properties and hospital buildings may provide suitable bat roosting opportunities.

4.4.5 The hedgerows and groups of trees provide some opportunities for dormouse, but alone the habitats on site would not be sufficient to support a viable population. There is some connectivity to the wider hedgerow and woodland network and it is possible that any local dormouse population may use the site in combination with the wider landscape.

4.4.6 Hedgehogs, a UK BAP species, may use the site as well as other small mammals with the presence of refuge and foraging habitats in the form of brash piles, hedgerow and grassland. Any such use is likely to be in combination with other suitable adjacent habitats.

4.4.7 Birds – No evidence of nesting was noted on site, but the hedgerows and trees on site offer suitable nesting habitat for birds and is likely to be used in combination with the wider countryside which hosts an abundance of similar opportunities. These features are also likely to support a range of foraging passerine species throughout the year. The heavily grazed grassland does not provide suitable opportunities for ground nesting birds and is also likely to deter any significant numbers of foraging birds and roosting waders. A blackbird, robin and two woodpigeons were observed on site during the site visit along with a flock of jackdaws was observed on land to the south of the site.

4.4.8 Reptiles – The majority of the site, namely the heavily grazed pasture, is not suitable to support reptiles. The less managed areas of the site, namely the boundary features, are suitable to support low numbers of common reptile species, including grass snake, common lizard and slow worm. The areas of trees, hedgerow and tall grasses and ruderals provide suitable refuge and foraging opportunities and the fallen trees, fence posts and the large stone provide suitable basking opportunities. No reptiles were observed on site.

4.4.9 Amphibians – There is no standing water on site or apparent within 500m of the site and as such no suitable breeding opportunities for amphibians. Habitats suitable for reptiles are also suitable for amphibians; however, in the absence of any suitable breeding habitat amphibians are unlikely to be present. Suitable features may be used in combination with the wider landscape suitable breeding habitat is present locally (such as garden ponds), but are unlikely to be of significant importance to any local populations. Great crested newt is particularly unlikely to be present given the sites location (few records of this species exist for Devon and the site does not fall within a Great Crested Newt Consultation Zone9). No amphibians were observed on site.

4.4.10 Invertebrates – The site boundaries (hedgerows, treelines and groups of trees) and similar adjacent habitats provide opportunities for a range of common terrestrial invertebrate species. The fallen tree and tree stumps within the groups of trees provide opportunities for deadwood invertebrates.

9 http://www.devon.gov.uk/devon-gcn-guidance-june-2012.pdf

http://www.devon.gov.uk/devon-gcn-guidance-june-2012.pdf



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5. Evaluation

5.1.1 The site is small and supports a low diversity of habitats; however, the site boundaries (unmanaged grassland, hedgerows, treelines and groups of trees) provide some structural and species diversity. The habitats on site appear to be relatively common within the farmed landscape to the north and provide opportunities to support a range of local wildlife. Given the sites small size it is most likely to be used in combination with habitats in the local area. The improved grassland is of some ecological value at a site level whereas the boundary features are of local level. The adjacent CWS is of county value.

5.1.2 It is unlikely that any notable flora is present on site. In terms of fauna, the site supports bird species typical of sub-urban landscapes and is suitable to support low numbers of badger, foraging bats, dormouse, hedgehog, common species of reptiles and invertebrates in combination with adjacent habitats. The site is afforded some rarity at a site level due to its faunal interest.

5.1.3 The mature hedgerows and trees on site provide elements of naturalness and permanence on site.

5.1.4 The site as a whole is assessed as being of ecological importance at the Site level. Individually the habitats have Site (improved grassland and plantation) – Local (hedgerow and trees) importance. The hard-standing, fencing and walls are of negligible ecological importance.

6. Consideration of the Proposals and

Recommendations

6.1.1 The development proposals (Annex 4) have been informed by the results of this ecological

survey and will retain and protect the features of greatest ecological value thereby

minimising ecological impact. The proposals have also sought to enhance biodiversity by

incorporating new habitats into the scheme that are likely to benefit a range of species in the

long-term. Areas of public open space and a woodland walk have been provided on site to

provide recreational opportunities for future residents.

6.1.2 The proposals will result in the loss of the majority of the western half of the improved

grassland on site, whereas the eastern half will be retained as a paddock. The loss of this

habitat to residential development is unlikely to be of any ecological significance to habitats

or species. The western boundary and the walnut trees within the improved grassland are to

be retained as are the hedgerows, trees and plantation along the southern boundary. These

habitats are of greatest ecological interest on the site and their retention is therefore

minimising any ecological impact. The detailed design will also ensure that the western site

boundary will not form the boundary of any residential property and will protected by a

buffer and against light spill.

6.1.3 The landscaping proposals include for new planting in the form of a hedgerow and Devon

bank along the northern site boundary (western end), some additional woodland in the

north-west of the site, a hedgerow and avenue of trees alongside the drive in the centre of



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the site, which will enhance the site in terms of structural and species diversity and

connectivity with the wider landscape. The scheme has incorporated areas of public open

space in the north-west and south of the site and a woodland walk in the south-east of the

site.

6.1.4 The following table provides further considerations and recommendations for the key

habitats and species that will be considered within the proposal (the identified receptors).

Table 1: Considerations and Recommendations

Identified Receptor Considerations and Recommendations

Bradiford Valley SSSI No direct impacts are likely; however, due to the proximity of this SSSI to the site (150m to the north) and public access via an adjacent footpath care should be taken to minimise indirect impacts to the habitats (oak woodland) and species (birds) for which it was designated. Indirect impacts could occur during construction (dust, lighting and noise for example) and post-construction (increased recreational pressures and domestic pets for example). During construction, best practice measures should be implemented to ensure that pollution risks (dust, noise, lighting and chemicals) are avoided/minimised. New residents should be provided with information (leaflets or strategically placed interpretation boards along access routes) to encourage responsible cat and dog ownership such as shutting cats in at night and keeping dogs under close control if walking through the SSSI. Such information could also include details of alternative less sensitive green space for recreational activities including dog walking such as the woodland walk the is being provided within the south-east of the site.

Shearford Lane & Bradiford Scarp CWS

No direct impacts are likely; however due to the proximity of Shearford Lane (adjacent to the western site boundary) measures should be taken to avoid indirect impacts. Indirect impacts could occur during construction (dust, lighting and noise for example) and post-construction (increased recreational pressures and domestic pets for example). The measures proposed in respect to the SSSI above would also ensure that such impacts on the CWS are minimised. In addition a grassland buffer will be incorporated into the development proposals. This buffer will be a minimum of 3m in width and should be fenced off to deter access and people and pets cutting through the hedgerow.

Hedgerows The mature hedgerows along the western and southern site boundaries are proposed for retention and should be protected. Existing access points have been used to avoid further fragmentation. Where possible a grassland buffer of at least 1m in width (3m alongside the CWS adjacent to the western site boundary) will be maintained alongside these hedgerows and should be managed to provide further structural diversity (a varied sward height). These features will be protected from any lighting and where possible should not be used as boundary features for any residential dwelling. These features and any associated buffer should be managed in the long-term to ensure their future ecological value is maintained and enhanced where possible.



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Trees The mature treeline and groups of trees on site are proposed for retention and should be protected within any development proposal along with their associated ground flora. These features will be protected from any lighting and where possible should not be used as boundary features for any residential dwelling. These features and any associated buffer should be managed in the long-term to ensure their future ecological value is maintained and enhanced where possible.

Badgers Badgers are unlikely to be significantly affected by any development proposals at this site. However, given the suitability of the site to support foraging badger care should be taken during construction to ensure that any trenches left open overnight do not pose a hazard to fauna.

Bats The hedgerows and trees on site are proposed for retention and should therefore ensure that foraging and commuting opportunities are maintained. The proposed additional hedgerows and woodland will enhance such opportunities for foraging and commuting bats. The retention of a buffer alongside these features will enhance foraging opportunities. Particular care should be taken to ensure that a sensitive lighting scheme is incorporated into any proposals to ensure that the foraging and commuting resources remain suitable for bats. Reference should be made to the Bats and Lighting in the UK (BCT, 200910). Roosting opportunities could be incorporated into proposals for the site including bat boxes on retained mature trees and bat tubes on new buildings. Bat tubes on buildings would be of greatest value on aspects facing the retained hedgerows and trees on the site boundaries. Such features should be appropriately positioned to ensure their potential use is maximised.

Dormice Direct impacts on dormouse should be avoided as the hedgerows and trees are proposed for retained and will be protected throughout works. Lighting of these features should be avoided and their sensitive management would ensure that they remain suitable for dormouse in the long-term.

Other mammals Impacts on hedgehogs and other small mammals should be avoided through the proposed retention and protection of the hedgerows and trees on site. Care should be taken during construction to ensure that any trenches left open overnight do not pose a hazard for any fauna.

Nesting birds Impacts on nesting birds will be minimised through the retention and protection of the hedgerows and trees on site. Nesting opportunities could be incorporated into proposals for the site including bird boxes on retained mature trees and on new buildings. Such features should be appropriately positioned to ensure their potential use is maximised.

Reptiles Impacts on reptiles will be avoided through the retention and protection

10

Bat Conservation Trust and Institution of Lighting Engineers (3rd Version, 2009). Bats and Lighting in the UK.

Bat Conservation Trust.



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of the hedgerows and trees on site with an associated buffer. Care should be taken during construction to ensure that any trenches left open overnight do not pose a hazard for any fauna. The grassland on site should be managed up until any development to ensure that a short sward and negligible suitability for reptiles is maintained within this habitat. Hibernacula (wood/log piles covered in turf) could be created within the areas of mature trees or hedgerow buffers on site to enhance opportunities for reptiles.

Amphibians Impacts on amphibians will be avoided through the retention and protection of the hedgerows and trees on site with an associated buffer. Care should be taken during construction to ensure that any trenches left open overnight do not pose a hazard for any fauna. Hibernacula (wood/log piles covered in turf) could be created within the areas of mature trees or hedgerow buffers on site to enhance opportunities for amphibians. Any standing water included within the scheme would also enhance opportunities for amphibian species.

Invertebrates Impacts on invertebrates will be avoided through the proposed retention and protection of the hedgerows, trees and deadwood on site with an associated buffer. Hibernacula (wood/log piles covered in turf) could be created within the areas of mature trees or hedgerow buffers on site to enhance opportunities for invertebrates.



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7. Annexes

Annex 1: Legislation and Planning Policy

A summary of relevant legislation and national policy is provided below. For each individual case, it is advised to consult the relevant documents in full and obtain legal advice, where appropriate.

There are several UK legislation tools, which are listed below. European legislation has not been included as it is incorporated in UK legislation by domestic provisions.

Conservation of Habitats and Species Regulations 2010 (as amended)

In 1992, the Habitats Directive (Council Directive 92/43/EEC)11 came into force. This provides for the creation of a network of protected wildlife sites across the European Union, known as ‘Natura 2000’. This network consists of designated sites, including Special Areas of Conservation (SACs) designated under the Habitats Directive and Special Protection Areas (SPAs) designated under the Birds Directive (Council Directive 79/409/EEC)12. These sites form part of a series of measures aimed at conserving important and threatened habitats and species.

The Conservation of Habitats and Species Regulations 2010 commonly known as ’the Habitat Regulations’ transpose the Habitats Directive into national law and set out the provisions for the protection and management of species and habitats of European importance, including Natura 2000 sites. The Regulations have been amended in England in relation to candidate SACs and SPAs. These are sites submitted by the Government for consideration as part of the Natura 2000 network, and are also now defined as European Sites. All European Sites are of national importance and have been notified as SSSIs.

Wildlife and Countryside Act 1981, as Amended in Quinquennial Review and by the Countryside and Rights of Way Act 200013

The Wildlife and Countryside Act 198114 provides the foundation for much of the statutory wildlife protection in the UK. Part I deals with the protection of plants, birds and other animals and Part II deals with the designation of SSSIs.

The following broad areas are covered by the Act:

Nature Conservation - Protecting those sites which are National Nature Reserves (NNR) and SSSIs.

Wildlife - Listing endangered or rare species in need of protection and creating offences for killing, disturbing or injuring such species. The disturbance of any nesting bird during the breeding season is also noted as an offence.

The Act also makes it an offence to cause to grow in the wild certain plant species or to release certain fauna into the wild. The Act is enforced by local authorities.

11

European Commission (1992). Council Directive 92/43/EEC on the conservation of natural habitats and of

wild fauna and flora. European Commission, Brussels.

12 European Commission (1979). Council Directive 79/409/EEC on the conservation of wild birds, European

Commission, Brussels.

13 Secretary of State, 2000. The Countryside and Rights of Way Act. Her Majesty’s Stationery Office.

14 Secretary of State, 1981. Wildlife and Countryside Act. Her Majesty’s Stationery Office.



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Countryside and Rights of Way Act, 2000

The Countryside and Rights of Way Act 2000 provides a new statutory right of access to the countryside and improves upon the rights of way system, providing stronger protection for both wildlife and countryside.

Part III of the Act - Nature Conservation and Wildlife Protection: A number of measures to promote and enhance wildlife conservation are detailed, including improving protection for Sites of Special Scientific Interest (SSSIs) and increasing penalties for deliberate damage to SSSIs. The Act affords statutory protection to Ramsar Sites which are wetlands designated under the International Convention on Wetlands.

National Planning Policy Framework, 2012

The National Planning Policy Framework (NPPF) was published in March 2012 and came into immediate effect superseding all existing Planning Policy Guidance (PPGs) and Planning Policy Statements (PPSs). It sets out the Government's requirements for the planning system and how these are expected to be addressed. The NPPF is a material consideration for the purposes of planning decision-making.

The NPPF places a presumption in favour of sustainable development.

The NPPF states that the presence of a legally protected species is a material consideration for a local authority dealing with planning applications for any development that would be likely to result in harm to the species or its habitat. Circular 06/2005: Biodiversity and geological conservation15, prepared in support of the former PPS9, is still relevant and provides more guidance on the application of the law relating to planning and nature conservation.

Biodiversity Action Plans

In 1994, the Government produced the UK Biodiversity Action Plan (BAP)16, a national strategy for the conservation of biodiversity. Regional and District/Borough BAPs apply the UK BAP at a local level.

Wiltshire Biodiversity Action Plan:

The Wiltshire Biodiversity Action Plan (BAP)17 has a number of action plans for habitats and species that are important in Wiltshire. Those that are relevant to this site include:

Standing open water; and,

Bat species.

15

ODPM Circular 06/2005 Government Circular: Biodiversity and Geological Conservation – Statutory

Obligations and their Importance within the Planning System.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7692/147570.pdf

16 Her Majesty’s Stationery Office, 1994. Biodiversity: The UK Action Plan. London.

17 http://biodiversitywiltshire.org.uk/images/2009/10/WiltshireBAP200.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7692/147570.pdf

http://biodiversitywiltshire.org.uk/images/2009/10/WiltshireBAP200.pdf



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Species/species group Legal protection and policy

Flora A number of plant species are protected under the Wildlife and Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (amended). It is an offence to deliberately pick, collect, cut, uproot or destroy these wild plants. It is also an offence for any purpose to possess, sell or exchange such a plant. In addition, a number of plant species are UK Biodiversity Action Plan (BAP), Local BAP priority species and/or notable species that are a material consideration in planning.

Bats Bat species in England and Wales are protected under The Conservation of Habitats and Species Regulations 2010 (as amended) and the Wildlife and Countryside Act 1981 (as amended). Under this legislation it is an offence to:

Deliberately capture, injure or kill bats;

Intentionally or recklessly disturb bats;

Intentionally or recklessly obstruct access to any structure or place which bats use for shelter or protection; and

Deliberately damage or destruction of a breeding site or resting place.

Seven of the 18 species of bats occurring in the UK are UK BAP priority species and many are also included in Local BAPs.

Badgers Badgers and their setts are protected under the Protection of Badgers Act 1979. Under this legislation it is illegal to kill, injure or take badgers or to interfere with a badger sett in any way.

Otters Otters in England and Wales are protected under The Conservation of Habitats and Species regulations 2010 (as amended) and the Wildlife and Countryside Act 1981 (as amended). Under this legislation it is an offence to:

Deliberately capture, injure or kill an otter;

Intentionally or recklessly disturb otter;

Intentionally or recklessly obstruct access to any structure or place which an otter uses for shelter or protection; and


Otter is a UK BAP priority species.

Water voles Water voles in England and Wales are protected under the Wildlife and Countryside Act 1981 (as amended). Under this legislation it is an offence to:

Deliberately capture, injure or kill a water vole;

Intentionally disturb water vole in their breeding or resting places; and

Deliberately damage, destroy or obstruct of a breeding site or resting place.



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Water vole is a UK BAP priority species.

Dormice Dormice in England and Wales are protected under The Conservation of Habitats and Species regulations 2010 (as amended) and the Wildlife and Countryside Act 1981 (as amended). Under this legislation it is an offence to:

Deliberately capture, injure or kill a dormouse;

Intentionally or recklessly disturb dormice;

Intentionally or recklessly obstruct access to any structure or place which a dormouse uses for shelter or protection; and


Dormouse is a UK BAP priority species.

Other mammals Several other species of mammals, whilst not afforded specific legal protection, are of note and consideration to such species is necessary in respect to planning in accordance with national and often local policy. Such species are typically identified as priority species within UK BAP and/or Local BAPs. UK BAP species include brown hare and hedgehog.

Birds All wild birds in England and Wales are granted legal protection under the Wildlife & Countryside Act 1981 (as amended). Under this legislation it is an offence to:

Kill, injure or take any wild bird;

Take, damage or destroy the nest of any wild bird while it is in use or being built; and,

Take or destroy the egg of any wild bird. Bird species listed on Schedule 1 of the Act are afforded further protection and it is illegal to disturb such species while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. A number of bird species are also included as priority species within the UK and Local BAPs.

Reptiles Smooth snakes and sand lizards in England and Wales are protected under The Conservation of Habitats and Species Regulations 2010 (as amended) and the Wildlife and Countryside Act 1981 (as amended). Under this legislation it is an offence to:

Deliberately capture, injure or kill a smooth snake or sand lizard;

Intentionally or recklessly disturb a smooth snake or sand lizard;

Intentionally or recklessly obstruct access to any structure or place which a smooth snake or sand lizard use for shelter or protection; and




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Widespread species of reptile (slow worm, common lizard, grass snake and adder) are protected against killing, injury and sale. Reptile species are also UK BAP species and often Local BAP species.

Amphibians Great crested newts and natterjack toads in England and Wales are protected under The Conservation of Habitats and Species regulations 2010 (as amended) and the Wildlife and Countryside Act 1981 (as amended). Under this legislation it is an offence to:

Deliberately capture, injure or kill a great crested newt or natterjack toad;

Intentionally or recklessly disturb a great crested newt or natterjack toad;

Intentionally or recklessly obstruct access to any structure or place which a great crested newt or natterjack toad use for shelter or protection; and


Great crested newt, pool frog, natterjack toad and common toad are UK BAP priority species. These and other amphibian species are also often included in Local BAPs.

Invertebrates 45 species of invertebrate are fully protected under the Wildlife and Countryside Act 1981 (as amended). Under this legislation it is an offence to:

Intentional kill, injure or take such species;

Deliberately damage or destruction of a breeding site or resting place used by such species; and,

Disturb such species when occupying such a structure or place. A further 24 species are only afforded partial protection (typically only against sale). Stag beetle for instance is only protected against sale. Eight species and their habitats are also afforded further protection under The Conservation of Habitats and Species Regulations 2010 (as amended). 411 priority species of invertebrate are included within the UK BAP and such species are often also included within Local BAPs.



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Annex 2: Indicative Species List

Flora

Common name Scientific name

Ash Fraxinus excelsior

Beech Fagus sylvatica

Bindweed Calystegia species

Blackthorn Prunus spinosa

Bramble Rubus fruticosus agg.

Buttercups Ranunculus species

Cleavers Galium aparine

Clover Trifolium species

Cock's-foot Dactylis glomerata

Common nettle Urtica dioica

Common sorrel Rumex acetosa

Daisy Bellis perennis

Dandelion Taraxacum officinale agg.

Dog's mercury Mercurialis perennis

Elder Sambucus nigra

Fern species Dryopteris species

Field maple Acer campestre

Foxtail species Alopecurus species

Greater stitchwort Stellaria holostea

Hart’s-tongue Phyllitis scolopendrium

Hawthorn Crataegus monogyna

Hazel Corylus avellana

Herb-Robert Geranium robertianum

Hogweed Heracleum sphondylium

Holly Ilex aquifolium

Honeysuckle Lonicera periclymenum

Ivy Hedera helix

Lesser celandine Ranunculus ficaria

Leylandii species Leylandii species

Lords-and-ladies Arum maculatum



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Meadowsweet Filipendula ulmaria

Perennial rye-grass Lolium perenne

Poplar species Populus species

Ramsons Allium ursinum

Red campion Silene dioica

Ribwort plantain Plantago lanceolata

Scots pine Pinus sylvestris

Silverweed Potentilla anserina

Speedwell species Veronica species

Sweet vernal grass Anthoxanthum odoratum

Thistle species Cirsium species

Vetch species Vicia species

Walnut Juglans regia

Yorkshire-fog Holcus lanatus

Fauna

Common name Scientific name

Blackbird Turdus merula

Jackdaw Corvus monedula

Feral pigeon Columba palumbus

Robin Erithacus rubecula



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Annex 3: Site Photographs

Plate 1: Improved grassland and view across site (looking west)

Plate 2: Treeline along southern site boundary (view from the site)



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Plate 3: Treeline and wall along southern site boundary (view from Westaway Plain to the south)

Plate 4: Mature walnut trees and improved grassland



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Plate 5: View of group of trees (and fallen tree) within the south-eastern area of the site

Plate 6: Group of trees within the south-eastern part of site and surrounding plantation



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Plate 7: Access track bisecting the site

Plate 8: Adjacent Shearford Track



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Annex 4: Proposals Plan



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8. Figures

Site Land at Westaway, Pliton, Barnstaple

Title Phase 1 habitat map

Figure ref 1

Report ref SET1056-01

Date May 2013

Scale Indicative only

Key Site boundary

Improved grassland

Hedgerow

Trees

Plantation

Hard-standing

Fencing

Wall

Ditch

Target Note

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Ordnance Survey basemap provided by Devonshire Homes and reproduced under licence number 100054085

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