D O R M O U S E R E P O R T

Transcription

1 D O R M O U S E R E P O R T LAND AT MAIDSTONE ROAD, CHARING, KENT REF: 3278_RP_003 DOCU MENT CRE ATED: 26 / 10/2 015 LLOYD BORE LTD 33 ST GEORGE S PL ACE CANTERBURY KENT CT1 1UT Tel: Fa x: mail@ lloydbore.co.uk

2 1 CONTENTS 1. EXECUTIVE SUMMARY INTRODUCTION... 3 Instruction... 3 Description of proposed development... 3 Scope of works... 3 Survey objectives SITE LOCATION DEVELOPMENT PROPOSALS (INDICATIVE) METHOD... 6 Assessment of habitats... 6 Nest tube survey... 6 Legislation and planning policy... 7 Assessment and evaluation... 8 Zone of influence (ZoI)... 9 Survey limitations RESULTS Habitats Survey results EVALUATION AND CONCLUSIONS Evaluation Conclusions ECOLOGICAL ENHANCEMENT MEASURES REFERENCES APPENDIX 1: DETAILED SURVEY RESULTS APPENDIX 2: LOCATION OF NEST TUBES (SEE OVERLEAF)... 15

3 2 1. EXECUTIVE SUMMARY S.1 The development proposals comprise a mixed use, hybrid planning application. S.2 Phase 1 comprises the development of an extra care facility providing 68 residences and communal areas, such as a restaurant, gym and activity room. This area also includes an additional access route to the pavilion car park to alleviate the existing access via the Moat bungalows. S.3 The outline application includes Phase 2, which comprises approximately 46 new houses with associated residential gardens and a connecting road linking the existing entrance route to the proposed entrance and wider scheme. S.4 This report informs the emerging development proposals, and where minor amendments to the existing scheme are required because of the presence of hazel dormice. Therefore this report should not be submitted to planning until the final scheme has been developed. S.5 Surveys were conducted for hazel dormice between 18th May and 23rd August Hazel dormice are present on site, and evidence was recorded within the eastern and southern site boundaries. S.6 The development proposals will impact on suitable and occupied dormouse habitat. Therefore, compensatory planting will be required to replace habitat that is lost as a result of development. S.7 A European Species Mitigation (EPSM) Licence will be required to facilitate construction. The existing scheme should be amended to ensure an EPSM is likely to be granted by Natural England. This is also needed to demonstrate to the planning authority that the favourable conservation status of the on-site dormouse population can be maintained. S.8 The main recommendations include: The production of a Protected Species Mitigation and Enhancement Plan once the detailed development plan has been amended so that it appropriately considers the presence of hazel dormice; The above plan will also detail the methods and precise timing of vegetation clearance. Habitat clearance works should not commence until an EPSM licence has been granted. These works will be supervised by a licenced dormouse surveyor; and In general habitat clearance should be undertaken in spring or late autumn to avoid coinciding with periods of the year when dormice are most vulnerable i.e. the breeding and hibernating period. If hedgerows are impacted and/or removed during spring, a check for nesting birds should be undertaken by a suitably experienced ecologist prior to commencement of works. Any active nests will need to be left in situ until the birds have stopped using it.

4 3 2. INTRODUCTION INSTRUCTION 2.1. Lloyd Bore Ltd was instructed by Dean Elvidge of Jenner Ltd on 19th March 2015 to conduct a hazel dormouse (Muscardinus avellanarius) presence / likely absence survey associated with a planning application for an extra care facility at land at Maidstone Road, Charing, Kent (approximate centre TQ ). DESCRIPTION OF PROPOSED DEVELOPMENT 2.2. The site has been designated into two areas. The extra care facility will provide 68 new residences and associated communal areas, such as a restaurant, gym and activity room. This area also includes an additional access route to the pavilion car park to alleviate the existing access via the Moat bungalows The second part of the development consists of approximately 46 houses of between two and four bedrooms, with associated residential gardens and a connecting road linking the existing entrance route to the proposed entrance and wider scheme The total planning application site area extends to c 2.94ha. The first phase covers an area of approximately 1.13ha An initial development plan is shown in Section 4. SCOPE OF WORKS 2.6. The instructed works included a dormouse survey at land at Maidstone Road, Charing, Kent. SURVEY OBJECTIVES 2.7. The objectives of the survey and report are to:- Identify whether dormice are present within the development envelope associated with land at Maidstone Road, Charing, Kent; Assess the value of habitats on and off site for their value as potential dormouse habitat; Determine whether a European Protected Species Mitigation (EPSM) is likely to be required to facilitate development; and Make recommendations, if required, regarding appropriate avoidance measures, mitigation or, if necessary, compensation measures.

5 4 3. SITE LOCATION Fig. 1: Site location. Reproduced from (OS explorer 189, 1:25,000) by permission of Ordnance Survey. Crown Copyright (2013), All rights reserved. AR

6 5 4. DEVELOPMENT PROPOSALS (INDICATIVE) Fig. 2: Proposed site plan (Drawing 'PRP Maidstone Road, Charing Proposed Site Plan Revision B AA4099/2002' dated 11/2014).

7 6 5. METHOD ASSESSMENT OF HABITATS 5.1. A data search was undertaken by the Kent and Medway Biological Records Centre (KMBRC) as part of the initial ecology survey that was carried out in May As the on-site habitats have remained largely unchanged since 2012, updated KMBRC records have not been obtained Data obtained from KMBRC returned two records of dormice. These records were from 1994 in Alder Wood (grid ref: TQ ) and again in This piece of woodland lies along the northern site boundary. NEST TUBE SURVEY 5.3. Dormice are usually active between April and November (inclusive) dependent on the prevailing weather conditions, and will readily use nest tubes or boxes for nest building and/or shelter The Dormice Conservation Handbook (Bright et al., 2006) recommends that a minimum of 50 nest tubes are deployed at a density of one per 20 metres in suitable dormouse habitat Nest tubes are affixed to a horizontal branch using wire. If nest boxes are used, they are affixed to suitable habitat such as a tree trunk or coppice stand. No boxes were used in these surveys A scoring system based upon the index of probability of finding dormice in 50 nest tubes or boxes in any one month across the season of April to November is used. Each month carries an associated index of probability or score (see Table 1) A minimum search effort to achieve a minimum of 20 points is recommended in order to indicate likely absence. A search effort of 20 is not required when the presence of animals has been confirmed dormouse nest tubes were placed within the planning application site boundary. These were placed in suitable areas of habitat on the 13th April 2015 (for tube locations, see Appendix 2) Visits were conducted between 18th May 2015 and 23rd August Details of survey visits are shown in Table The surveys were led by David W. Smith (Class Licence Number: CLS-CLS) and Kate Baldock (Class Licence Number: 1452) For each nest tube or box, surveyors recorded signs of dormouse occupancy, which included:- Dormouse nests; Distinctive feeding remains; and The presence of animals Evidence of use by other small mammals, such as wood mouse (Apodemus sylvaticus) or yellownecked mouse (Apodemus flavicollis), and/or birds was also recorded.

8 7 Table 1: Index of probability of finding dormice present in 50 nest tubes in any one month (Bright et al., 2006). Month Index of Probability/Score April 1 May 4 June 2 July 2 August 5 September 7 October 2 November 2 Table 2: Survey details. All surveys conducted in dry suitable conditions. Date of survey Tubes checked Lead surveyor Notes 18th May David Smith - 26th June David Smith - 27th July Kate Baldock - 23rd August David Smith One part of site not checked because previous surveys had confirmed dormouse presence LEGISLATION AND PLANNING POLICY The Conservation of Habitats and Species Regulations 2010 (as amended) and the Wildlife and Countryside Act 1981 (as amended) afford legal protection to hazel dormice.

9 The specific legal protection afforded to hazel dormice can be found within the Sections and Schedules of the relevant legislation and relevant case law In general, any person and/or activity that:- Damages or destroys a breeding or resting place of hazel dormice (this is sometimes referred to as the strict liability or absolute offence); Deliberately captures, injures or kills a hazel dormouse/dormice; Deliberately disturbs hazel dormice, and in particular disturbance likely to impair animals ability to survive, breed or nurture young, their ability to hibernate and migrate and disturbance likely to have a significant effect on local distribution and abundance; Intentionally or recklessly disturbs a hazel dormouse/dormice while occupying a structure or place used for shelter and/or protection (Wildlife and Countryside Act 1981 (as amended)); and Intentionally or recklessly obstructs access to any structure or place that a hazel dormouse/dormice use for shelter or protection (Wildlife and Countryside Act 1981 (as amended)). may be guilty of an offence Maximum penalties are punishable with fines up to 5,000 per offence and up to 6 months imprisonment. Actions affecting multiple animals can be construed as separate offences and therefore penalties can be applied per animal impacted Under certain circumstances licences can be granted by the Statutory Nature Conservation Organisation (Natural England in England) to permit actions that would otherwise be unlawful There are some very specific defences associated with the Conservation of Habitats and Species Regulations 2010 (as amended), however these are unlikely to apply to construction related projects. The Sections of the Regulations provide further details of these defences The Wildlife and Countryside Act (1981) includes defence for those aspects of the legislation that apply to hazel dormice. These defences are unlikely to apply to construction related projects and do not apply to those acts included in the Conservation of Habitats and Species Regulations 2010 (as amended). The Schedules of the Act provide further details of defences Local authorities have obligations under Sections 40 and 41 of the Natural Environment and Rural Communities Act (NERC) 2006 to have regard to the purpose of conserving biodiversity in carrying out their duties. Hazel dormouse is also listed on S41 as a Species of Principal Importance. ASSESSMENT AND EVALUATION The Dormouse Conservation Handbook (Bright et al., 2006) and associated guidelines have been used to:- Assess the site's potential to support hazel dormice; Evaluate the likely value of the habitats for hazel dormice; and To inform the scope of the survey works required to assess whether hazel dormice are using the habitats within the construction zone Natural England Standing Advice (undated), which is a material consideration in planning, also provides details on survey methodology and how the implementation of mitigation measures, such as

10 9 using recognised techniques at the appropriate time of year, can reduce the scope of survey work required The Guidelines for Ecological Impact Assessment (IEEM, 2006) were used as guidance to determine the importance (or value) of the site, and the habitats immediately surrounding the site, for hazel dormice. ZONE OF INFLUENCE (ZOI) The potential impact of a development is not always limited to the boundaries of the site concerned. The development may also have the potential to impact on ecologically valuable sites, habitats or species beyond the site boundaries. The area over which a development may impact ecologically valuable receptors is known as the Zone of Influence (ZoI) The ZoI is determined by the source/type of impact, a potential pathway for that impact and the location and sensitivity of the ecologically valuable receptor beyond the boundary Potential sources of impact associated with the development proposals include potential loss and fragmentation of hazel dormouse habitat The ZoI is likely to be confined to the construction zone and the areas of land supporting suitable dormouse habitat just beyond. SURVEY LIMITATIONS One nest tube in the north-east site corner of Phase 2 was not located on 26th June and 27th July This is not considered a significant limitation because surveys recorded hazel dormice within the development site Only nest tubes within Phase 1 and along the southern hedgerow of Phase 2 were checked on 23rd August 2015 because previous survey visits had already confirmed the presence of dormice on the eastern site boundary. This is not considered a significant limitation because surveys recorded dormice within the development site This report provides an assessment of the site s ecological value for hazel dormice and is suitable to fulfil the requirements of planning.

11 10 6. RESULTS HABITATS 6.1. The A20, Maidstone Road, lies immediately adjacent to the south of the site. Mature residential gardens lie to the north-west. Arable farmland lies to the east. Arthur Baker playing fields and the Charing Alderbed Meadow Local Wildlife Site lies to the north / north-east The wider landscape surrounding the site is rural open countryside comprising arable and grazed land, bounded by tree-lined hedgerows. There are scattered blocks of woodland, the closest is adjacent and to the north-east of the site The site is dominated by sheep grazed fields and an area of tall ruderals with small pockets of scrub. There are boundary hedgerows and/or lines of trees along the majority of the field boundaries SURVEY RESULTS 19th May No hazel dormice, or signs of dormice recorded. 26th June One hazel dormouse nest, comprising fresh green leaves, was recorded in tube 108. This tube was placed within the site's eastern boundary. 27th July One adult hazel dormouse was recorded in tube rd August One sub-adult hazel dormouse was recorded leaving nest tube 1A. This nest tube was placed within the site's southern boundary. A nest was also present. Other species 6.8. No evidence of other rodent species was recorded during the survey.

12 11 7. EVALUATION AND CONCLUSIONS EVALUATION 7.1. Dormice are present on site. The site is considered to be of moderate value at a local level. CONCLUSIONS 7.2. An EPSM licence will be required to facilitate development because there will be direct impacts on occupied hazel dormouse habitat. A licence cannot be obtained until planning has been approved and associated ecology related conditions discharged In order to obtain planning permission the project will need to demonstrate how it will maintain the favourable conservation status of the on-site dormouse populations The existing development proposals will need minor amendments so that the project can demonstrate that it will maintain the favourable conservation status of the on-site dormouse population. In particular it will need to include compensatory planting to replace the habitat that will be lost to facilitate development Where possible, the master plan should also avoid impacts to dormouse habitat by retaining as much of the existing habitats as possible. This should be protected by the use of propped heras fencing and in accordance with standard tree protection measures Hazel dormice live at low population densities, typically three to five animals per hectare of moderate quality habitat, with eight to ten adults per hectare in the highest quality habitat (Bright et al., 2006). The habitats on-site are of moderate quality and generally limited to the site boundaries. Therefore, it is likely only a very small number of animals might be affected by the development proposals. As a consequence, it is considered that dormice are not a significant constraint to development or a reason to refuse planning Detailed avoidance, mitigation and compensation measures should be produced to support the panning application. This is likely to minimise costs in the medium term, as well as minimising the risks of delays and/or objections at the planning application and/or licence stages. These measures should be provided in a Protected Species Mitigation and Enhancement Plan, which would be submitted to planning. The document would also be used to support the EPSM licence application Mitigation measures are likely to include careful timing of vegetation clearance so that it avoids sensitive times of year of the dormice lifecycle (hibernation and breeding). As a consequence, habitat clearance should be undertaken in spring or late autumn. If habitat clearance coincides with the bird nesting season, a check for nesting birds should be undertaken prior to the commencement of works. Any active nests will need to be left in situ until the birds have stopped using it.

13 12 8. ECOLOGICAL ENHANCEMENT MEASURES 8.1. The proposed development provides an opportunity to enhance the quality and extent of wildlife friendly habitat through sensitive landscape treatment Enhancement measures are those that are over and above that required by the EPSM licence. This might include the provision of dormouse next boxes within suitable locations on site Management of the existing and new hedgerows / scrub should be timed so that they are cut once a year or once every two years between early January and mid-february (inclusive). This avoids the bird nesting season and ensures fruits are not removed, and therefore they are available for a range of mammals (and birds) to feed on Where security and/or health and safety constraints allow, light spillage onto newly created and existing hedgerow habitats should be minimised through the use of cowled, shielded or directed external lighting.

14 13 9. REFERENCES Bright, P., & Morris, P. (1990). Habitat requirements of Dormice, Muscardinus avellanarius in Relation to Woodland Management in Southwest England, Biological Conservation. Bright, P., Morris, P., & Mitchell-Jones, A. (2006). The Dormouse Conservation Handbook, 2nd Edition, English Nature, Peterborough. IEEM (2006). Guidelines for ecological impact assessment in the United Kingdom. Institute of Ecology and Environmental Management, Winchester. Natural England (undated). Standing Advice Species Sheet: Dormice

15 APPENDIX 1: DETAILED SURVEY RESULTS Table 3: Survey results for 26th June Both Phase 1 and 2 habitats surveyed. NB. Nest tubes omitted from table were empty during survey. Tube Number: Comments 108 Hazel dormouse nest present. Table 4: Survey results for 27th July Both Phase 1 and 2 habitats surveyed. NB. Nest tubes omitted from table were empty during survey. Tube Number: Comments 108 Adult hazel dormouse and nest present. Table 5: Survey results for 23rd August Only nest tubes within Phase 1 and along the southern site boundary of Phase 2 were surveyed. NB. Nest tubes omitted from table were empty during survey. Tube Number: Comments 1A Young adult hazel dormouse and nest present.

16 APPENDIX 2: LOCATION OF NEST TUBES (SEE OVERLEAF)

17 BS RS Dormouse nest tube location plan Maidstone Road, Charing Orbit / Churchill Hui 30C This drawing and design are the copyright of Lloyd Bore Ltd. Do not scale from this drawing. All dimensions to be checked on site by contractor prior to commencement of any work. All materials, components and workmanship shall comply with the relevant British Standards, Codes of Practice and manufacturers written instructions. 12A 20E 19E 35E 24 A20 Maidstone Road 40F 26E 94 32A 50F A 43D 22E 44E 29F 3 26B 37A A20 Maidstone Road 7C 14 47A 1E 38E 43E 49A 24A E C 9 34E 14E 26C - 45C 35C A20 Maidstone Road 1A 108