WYG Environment part of the WYG group
Ref: A086524
Date: 12 August 2014
Extended Phase 1 Habitat Survey: Monkton Park, Chippenham
Background
WYG Environment (WYG) was commissioned by WYG Planning on behalf of Wiltshire Council in April
2014 to undertake an extended Phase 1 habitat survey at Monkton Park, Chippenham, Wiltshire (‘the site’).
The site is located in the east of Chippenham, adjacent to the River Avon Local Wildlife Site (LWS)
(National grid reference (NGR): ST922 735). The site is approximately 0.15 ha in size and predominantly consists of managed amenity grassland. The site is located within Monkton Park to the south-east of the Monkton Park leisure centre.
Development proposals
The development proposals include the construction of a skate park, which will include the construction of an area of hardstanding with ramps/basins and associated works such as drainage, seating, bins and lighting. No detailed master plan of the development was available at the time of writing this report, however, it is understood that no trees on site will be removed as part of the scheme. Furthermore, it is understood that a 10m buffer will be retained along the River Avon LWS.
Methodology
Desk study
A review of readily available ecological information and relevant environmental databases (i.e. Natural
England’s Multi Agency Geographic Information for the Countryside (MAGIC) Interactive Maps) was conducted for the site and general environs. This provided the overall ecological context for the site and surrounding areas, and baseline for the habitat and protected species surveys.
In addition, aerial photographs from Live Search Maps, Google Maps UK, and the Ordnance Survey
(OS) online maps were assessed to provide an understanding of the landscape on and around the site and habitat connectivity within the vicinity of the site.
Furthermore, site and species specific information has been sourced through direct consultation with
Wiltshire and Swindon Biological Record Centre (WSBRC). WSBRC provided information in relation to

WYG Environment part of the WYG group the presence of protected species, designated nature conservation sites and areas of particular regional, national or international importance within 2km of the site.
Extended Phase 1 Habitat Survey
The vegetation and habitat types within the proposed development site were noted during the walkover survey, which was undertaken in May 2014, in accordance with the categories specified for a Phase 1 habitat survey (Joint Nature Conservation Committee (JNCC), 2010). Dominant plant species were recorded for each habitat type.
Furthermore evidence of any invasive species and a reconnaissance survey for evidence of protected fauna or habitats capable of supporting such species was made.
Protected and Notable Species
The site was inspected for evidence of and its potential to support protected or notable species, especially those listed under the Conservation of Habitats and Species (Amendment) Regulations
2012, the Wildlife & Countryside Act 1981 (as amended), including those given extra protection under the Natural Environment and Rural Communities (NERC) Act 2006 and Countryside & Rights of Way
(CRoW) Act 2000 , and listed on the UK and local Biodiversity Action Plans (BAP).
The following ecological receptors were considered:
•
Great crested newts
•
Reptiles;
•
Roosting and foraging bats;
•
Otters;
•
Water voles;
•
Breeding birds.
The site was also appraised for its suitability to support other protected or notable fauna including mammals, birds and invertebrates in accordance with the Institute for Ecology and Environmental
Management’s Guidelines for Preliminary Ecological Appraisal (2012). Evidence of any current or historical presence of such species was recorded.

WYG Environment part of the WYG group
Results
According to MAGIC and records obtained from WSBRC, there are no statutory sites with nature conservation designations within 2km of the site. WSBRC identified four locally designated LWS within 2km (see Table 1 below).
Table 1. LWS within 2km of the site (centred on NGR: ST922 735) sourced from WSBRC.
Site name
Bristol Avon River
Baydons Meadow
Mortimor’s Wood
Birds marsh Wood
Distance
0.05km S
0.68km SSE
1.6km S
1.8km N
Main habitat Description
River
Neutral grassland
Broadleaved woodland
Broadleaved woodland
One of the main river systems draining northwest Wiltshire.
A small area of neutral grassland, bordered by the River Avon along the Northern boundary.
A small ancient, semi-natural broadleaved woodland on a steep northwest-facing slope above a bend in the River Avon.
A large ancient woodland site on a gentle north facing slope, with semi natural oak high-forest around the perimeter. The interior has few standards remaining and large stands of laurel, rhododendron and sycamore regeneration.
On appraisal of aerial images and OS maps, it would appear that there are three water bodies within
500m of the site and these include the River Avon and two wet ditches. The River Avon, part of which is designated as a LWS, runs along the southern boundary of the site. One wet ditch is located approximately 420m west of the site between Ivy Lane and Ivy Lane Primary School and the other is located approximately 460m west-south-west of the site. The intervening habitat includes woodland, roads, housing and retail buildings.
Protected Species
WSBRC identified a number of protected or notable species within 2km of the site. The records are summarised in Table 2 below.
Table 2. Protected and BAP species previously recorded within 2km of the site (centred on NGR:
ST922 735) sourced from WSBRC.
Taxa
Birds
Barn owl
Brambling
Common cuckoo
3
1
1
No. species records of Closest record
0.94km SE
1.64km SE
2.04km ENE
Most recent record
2004
2012
1996

WYG Environment part of the WYG group
Taxa
Common kingfisher
Common linnet
Common starling
Fieldfare
Grey partridge
House sparrow
Northern lapwing
Red kite
Redwing
Skylark
Song thrush
Yellow wagtail
Yellowhammer
Bats
Barbastelle
Brown long-eared
Common pipistrelle
Daubenton
Long-eared species
Myotis spp.
Noctule
Pipistrelle spp.
Soprano pipistrelle
Unknown spp.
Whiskered bat
5
5
Terrestrial mammals
Brown hare 19
Eurasian badger 51
Eurasian water shrew 1
1
2
6
1
4
1
8
14
3
1
10
1
3
1
20
6
1
No. species records
24
3
6
4
1 of Closest record
1.64km SE
0.57km SW
1.62km ENE
Most recent record
0.45km SSE
0.94km SE
0.94km SE
0.94km SE
2.04km ENE
2009
2005
2005
2005
2002
0.94km SE
0.64km SW
2005
2007
0.60km NW 2011
2.77km SSW 2005
0.94km SE
0.94km SE
2005
2005
1.30km WSW 2005
0.94km SE 2005
0.32km SSW 2011
0.32km SSW 2011
0.54km SSW
0.30km S
2013
1986
1.30km WNW 1986
1.78km WNW 2013
0.72km NW 2010
0.54km SSW 1996
1.78km WNW 2013
1.30km WNW 2001
0.54km SSW 2011
2012
2011
1997
European otter 3
European water vole 9
Harvest mouse 1
European hedgehog 54
0.42km SW
0.92km SE
2013
1997
1.02km NNE 1977
0.54km NNW 2011
Reptiles
Adder
Grass snake
Slow-worm
Amphibians
Common frog
Common toad
1
4
13
29
7
1.70km NNE
0.85km SE
0.54km NNE
2006
2007
2008
0.54km WNW 2012
0.92km NNE 2007

WYG Environment part of the WYG group
Taxa
Great crested newt
Plants
Butcher’s broom
Red Hemp-nettle
Bony Fish
Barbel
Brown trout
Bullhead
European eel
Crustaceans
White-clawed freshwater crayfish
2
1
2
1
1
1
8
No. species records
4 of Closest record
1.20km N
Most recent record
2013
0.20km W 2003
2.26km WSW 1957
2.04 ENE
2.04 ENE
2.04 ENE
1996
1995
2011
2.04 ENE 1995
0.85km SSW 2003
In addition, 43 species of moths and butterflies listed in the UKBAP were recorded, the majority of which were recorded at Baydons Meadow LWS.
WSBRC identified a number of roosts within 2km of the site. The closest roosts include a number of pipistrelle Pipistrellus sp roosts and a whiskered bat Myotis mystacinus roost which are located approximately 0.54km south-west.
It should be noted that the lack of protected species data does not mean that such species are absent from an area, only that the biological records centre does not hold any records for it.
Extended Phase 1 Survey
An extended Phase 1 habitat survey was carried out on the 1 st
May 2014 and identified the following habitats:
•
Amenity grassland occupied the majority of the site. The grassland was typical of improved conditions, lacked species diversity and appeared regularly maintained with a short turf. Species present included perennial rye-grass
Lolium perenne , daisy Bellis perennis , dandelion Taraxacum officinale and ribwort plantain Plantago lanceolata .
•
Mature/semi-mature broadleaved trees occurred towards the south west of the site including lime trees Tilia spp. A number of trees have had their branches lopped and therefore identified was not possible. The structures were mature/semi-mature and some supported dead wood, loose bark, split limbs and/or cavities.

WYG Environment part of the WYG group
•
Marginal vegetation was present along the banks of the River Avon. The vegetation in this area was largely unmanaged and comprised tall stands of common nettle Urtica dioica , comfrey Symphytum officinale , broadleaved dock
Rumex obtusifolius, crucifer Brassica spp .
, bramble Rubus fruticosa , garlic mustard Alliaria petiolata and sycamore saplings Acer pseudoplatanus
Protected Species Potential
Great crested newt
WSBRC identified records for great crested newts Triturus cristatus within 2km of the site, the closest record being 1.2km north of the site. Two standing water bodies were located within 500m of the site. One wet ditch is located approximately 420m west of the site between Ivy Lane and Ivy Lane
Primary School and the other is located approximately 460m west-south-west of the site. However, the intervening habitat includes woodland, roads, housing and retail buildings with no connectivity to the site. In addition, no water bodies suitable for great crested newts during their aquatic phase were recorded on site and the terrestrial habitat on site largely lacks structure for refuge opportunities.
Therefore, it is considered unlikely that great crested newts will be a constraint to development.
Reptile
WSBRC identified records for slow worm Anguis fragilis , grass snake Natrix natrix and common lizard
Zootoca vivipara.
The closest record is for slow worm approximately 540m north-north-east of the site with no connective habitat to the site. The site offers some limited potential habitat for reptiles within the marginal vegetation along the River Avon LWS. However, it is understood that a buffer to the river will be retained as part of the proposed development. Therefore, as long as the amenity grassland is maintained with a short turf and the ruderal vegetation along the river is not impacted, it is considered unlikely that reptiles will be a constraint to development.
Bat
WSBRC identified a number of bat records within 2km of the site including barbastelle Barbastella barbastellus , brown long-eared Plecotus auritus , common pipistrelle Pipistrellus pipistrellus , soprano pipistrelle Pipistrellus pygmaeus , Daubenton’s Myotis daubentonii , noctule Nyctalus lasiopterus and whiskered bat Myotis mystacinus.
The closest roost is approximately 540m south-west. The River
Avon LWS adjacent to the site is likely to provide bats with suitable foraging and commuting habitat.
The mature/semi-mature broadleaved trees on site along the bank of the River Avon LWS have suitable features for roosting bats. In addition the river and the trees provide suitable commuting

WYG Environment part of the WYG group habitat for bats. These trees are being retained within the development scheme and a buffer to the river and trees will be retained as part of the proposed development. Although the proposed development is unlikely to cause any direct impact on the roosting or commuting bats, any permanent lighting from the development may cause an indirect impact and therefore, it is considered likely that roosting and commuting bats will be a constraint to development.
Breeding bird
WSBRC identified a number of Schedule 1birds within 2km of the site. The closest being a kingfisher
Alcedo atthis recorded approximately 450m south-south-east of the site. The banks of the river by the site are not steep enough to provide suitable nesting habitat for kingfishers. Some of the trees and marginal vegetation on site provide suitable habitat for nesting bird. However, these trees and marginal vegetation are being retained within the development scheme and a buffer to river and trees will be retained as part of the proposed development. Therefore, it is considered unlikely that birds will be a constraint to development.
Water vole and otter
WSBRC identified a number of records of otter or water vole within 2km of the site. The closest record for otter is approximately 420m south west of the site and for water voles is approximately
920m south east of the site both records are connected to the site by the River Avon. Although the river and associated banks provide potential habitat for otter and water vole, no potential holt sites, lay-up or evidence of these animals was recorded along the river during a cursory inspection during the survey. A buffer to the river will be retained as part of the proposed development. Therefore, it is considered unlikely that otter or water vole will be a constraint to development.
Conclusions and Recommendations
The mature/semi-mature trees are considered likely to provide suitable habitat for roosting bats and breeding birds as well as foraging and commuting habitat for bats species. However, it is understood that the trees are to be retained within the development. It is recommended that all trees are protected during the construction phase activities according to BS5837:2012 “Trees in Relation to
Design, Demolition and Construction – Recommendations”.
It is understood that the proposed development will incorporate a buffer between the River Avon LWS habitat and any development. It is recommended that this buffer be at least 10m to the river and maintained as the rest of the park.

WYG Environment part of the WYG group
All work on site should adhere to Environment Agency’s Pollution Prevention Guidelines 5 – PPG5:
Works and maintenance in or near water so as to avoid impacts to the watercourse as a result of construction phase activities.
Ecological input will be provided, if necessary, to the drainage design to ensure no negative impacts on protected species or the LWS.
Assuming that a 10m buffer is maintained along the River Avon LWS and the PPG5 are adhered to, it is considered unlikely that the proposed development will have an impact on the river.
Mitigation
The following measures should help to avoid impacts to wildlife potentially present on or near the site:
•
It is recommended that night working is kept to a minimum whenever possible to avoid disturbance to nocturnal or crepuscular species. If flood lighting is to be used, it should be directed away from mature/semi-mature trees and River Avon LWS;
•
It is recommended that an earth ramp is left into any excavations left open overnight, or a wooden ramp installed to allow any animals that fall in to escape.
•
It is also recommended that any pipes that need to be left over night on site are capped to avoid animals becoming trapped.
Furthermore, the river and mature/semi-mature trees should not be illuminated during the construction and operational phases of the development. Where lighting is necessary it should be minimised by using timers to switch lights off at night and hoods to direct the light away from river and mature/semi-mature trees. Lighting should follow best practice set out by the Bat Conservation
Trust
1
‘Bats and Lighting’ document. This will help to avoid disrupting possible bat commuting/foraging corridors and any roosts present. It is recommended that buffer zone and river are retained as dark corridors within the final development.
Enhancement
The site offers opportunities to deliver ecological enhancements and the following measures are recommended in order to incorporate biodiversity into the development:
1
http://www.bats.org.uk/data/files/bats_and_lighting_in_the_uk__final_version_version_3_may_09.pdf

WYG Environment part of the WYG group
•
The buffer should be managed to enhance biodiversity and in line with the Riparian
Vegetation Management Good Practice Guide (SEPA, 2009) ;
•
The provision of bat boxes which target BAP species including pipistrelle sp., Bechstein’s
Myotis bechsteinii , barbastelle, Natterer’s Myotis nattereri , lesser horseshoe Rhinolophus hipposideros and greater horseshoe Rhinolophus ferrumequinum could help to enhance the roosting opportunities for these animals above what is currently present on site. The bat boxes should be sited in locations which are not illuminated and which have direct access to green corridors, such as on trees along the river corridor;
•
Consideration should be given to the habitat enhancements for birds, such as the provision of scrubs or trees that bear berries, such as rowan Sorbus aucuparia , holly, hawthorn Crataegus monogyna , dogwood Cornus sanguinea , crab apple Malus sylvestris , ivy, honeysuckle and guelder rose Viburnum opulus , and the installation of bird boxes on trees.
•
A number of invertebrate refuges, bat and bird box designs suitable for the site enhancement are provided in Appendix B.
Further survey recommendations
Subject to the retention of mature/ semi-mature trees on site, the incorporation of a 10m buffer to the river and inclusion of the above mitigation and enhancements within the development, no further surveys are considered necessary for this site.
The details of this report will remain valid for a period of two years. Beyond this period, if works have not yet been undertaken, it is recommended that a new review (survey and assessment) of the ecological conditions is undertaken by a suitably qualified and experienced ecologist.
I trust that this letter report is sufficient, but should you require any further detail, please do not hesitate to get in touch.
Yours sincerely
Sarah Dillon ACIEEM
Project Ecologist
Nancy Davies MCIEEM
Senior Ecologist

WYG Environment part of the WYG group
For and on behalf of WYG

WYG Environment part of the WYG group
References
Bat Conservation Trust (2012). Bat Surveys – Good Practice Guidelines . Bat Conservation Trust,
London.
Chanin, P. (2003) Monitoring the otter . Conserving Natura 2000, Rivers Monitoring Series No. 10,
English Nature, Peterborough
Eaton, M.A., et al. (2009). Birds of Conservation Concern 3: the population status of birds in the
United Kingdom, Channel Islands and Isle of Man . British Birds 102:296-341
English Nature (2002). Badgers and Development. English Nature, Peterborough, UK.
Harris, S., Cresswell, P. & Jeffries, D. (1989). Surveying Badgers. An occasional publication of the mammal society – No. 9 . Mammal Society, London.
Institute for Ecological Assessment (1995). Guidelines for Baseline Ecological Assessment . E & FN
Spon, London.
Joint Nature Conservation Committee (2007). Handbook for Phase 1 Habitat Survey: A technique for environmental audit . JNCC, Peterborough.
Langton, T.E.S., Beckett, C.L. and Foster, J.P. (2001). Great Crested Newt Conservation Handbook .
Froglife, Halesworth.
(SEPA, 2009) Engineering in the Water Environment Good Practice Guide Riparian Vegetation
Management second edition Document reference: WAT-SG-44.
Strachan, R. & Moorhouse, T. (2011). Water Vole Conservation Handbook (3rd Edn). Wildlife
Conservation Research Unit, Oxford.

WYG Environment part of the WYG group

Introduction
The UK has ratified a number of Conventions and implemented legislation pertaining to the protection of biodiversity and habtiats, either independently or as member state of the
European Union. These are defined and summarised below.
Lists of theatened, endagered and extinct species are also provided, together with a summary explanation of each.
Bern Convention (1982)
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 Directiv e (1979) and the EC Habitats Directive (1992 – see below). Since the Lisbon
Treaty, in force since 1 st
December 2009, European legislation has been adopted by the
European Union.
Biodiversity Action Plan (BAP)
The UK Biodiversity Action Plan (UKBAP – UK Steering Group, 1995; UK Biodiversity Group,
1998 - 2000) lists and prioritises habitats and species and sets national targets to be achieved. The intent of the UKBAP, however, is much broader than the protection and enhancement of less common species, and is meant to embrace the wider countryside as a whole.
The UKBAP has recently undergone a review (Biodiversity Reporting and Information Group,
June 2007) resulting in the identification of 391 ‘Priority’ Species Action Plans (SAPs), 45
‘Priority’ Habitat Action Plans and 162 Local Biodiversity Action Plans.
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.
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

Birds Directive (BD)
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.
Birds of Conservation Concern (BoCC)
This is a review of the status of all birds occuring 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 2009 (Eaton et al, 2009) and identified 52 red list species,
126 amber species, and 68 green species. The criteria are complex, but generally:
•
Red list species are those that have shown a decline of the breeding population, nonbreeding 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 localasied 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
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.
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

In the UK, the requirements of the convention are implemented via the Wildlfie &
Countryside Act 1981 (as amended), Widlife (Northern Ireland) Order 1985 , Nature
Conservation and Amenity Lands (Northern Ireland) Order 1985 and the Countryside and
Rights of Way Act 2000 (CRoW).
Global IUCN Red List
The International Union for Conservation of Nature (IUCN) Threatended 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 Conern (LC), Data Deficient (DD), Not
Evaluated (NE). Criteria for designation into each of the catgories is complex, and consider several principles.
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 (Amendment) Regulations 2012 in England, Scotland and Wales, and via the Conservation (Natural Habitats, &c) Regulations (Northern Ireland) 1995 (as amended) in Northern Ireland.
Protection of Badgers Act 1992 (PBA 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”
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

National Planning Policy Framework (2012)
Following the publication of the National Planning Policy Framework (NPPF) in March 2012,
Planning Policy Statement 9 (PPS9) : Biodiversity and Geological Conservation ( 2005) has been withdrawn. However, ODPM 06/2005: Biodiversity and Geological Conservation –
Statutory Obligations and their impact within the Planning System (the guidance document that accompanied PPS9) has not been withdrawn and, where more detailed guidance is required than is given within the NPPF, local planning authorities will continue to rely on
ODPM 06/2005.
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.
In the case of European Protected Species such as bats, planning policy emphasises that strict statutory provisions apply (including the Conservation of Habitats and Species
(Amendment) Regulations 2012 ), to which a planning authority must have due regard.
Where developments requiring planning permission are likely to impact upon protected species it is necessary that protected species surveys are undertaken and submitted to meet the requirements of paragraph 98 of ODPM Circular 06/2005 which states that:
‘ The presence of a protected species is a material consideration when a planning authority is considering a development proposal that, if carried out, would be likely to result in harm to the species or its habitat .’
General guidance within the body of the NPPF which are also potentially relevant to the possible presence of bats at the site includes the following statements:
"The planning system should contribute to and enhance the natural and local environment by:
• protecting and enhancing valued landscapes, geological conservation interests and soils;
• recognising the wider benefits of ecosystem services;
• minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures"
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

"Local planning authorities should set criteria based policies against which proposals for any development on or affecting protected wildlife or geodiversity sites or landscape areas will be judged."
"When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles:
• if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused;"
Species of Principal Importance in England
Section 41 (S41) of this Act requires the Secretary of State to publish a list (in consultation with Natural England) of habitats and species which are of principal importance for the conservation of biodiversity in England. The S41 list is used to guide decision-makers such as public bodies including local and regional authorities, in implementing their duty under
Section 40 of the Natural Environment and rural Communities (NERC) Act 2006 , to have regard to the conservation of biodiversity in England, when carrying out their normal (e.g. planning) functions. The S41 list includes 65 habitats of principal importance and 1,150 species of principal importance.
The Conservation of Habitats and Species (Amendment) Regulations 2012
The Conservation of Habitats and Species (Amendment) Regulations 2012 came into force on
16 th
August 2012 and amend the Conservation of Habitats and Species Regulations 2010 to ensure the various provisions of Directive 92/43/EC (‘the Habitats Directive’) are transposed in a clear manner.
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. The
2012 amendments include 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 Table B1).
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

Table B1 Schedules of the Conservation of Habitats and Species (Amendment)
Regulations 2012
Schedule 2 – European Protected Schedule 5 – European Protected
Species of Animals Species of Plant
Common name
Horseshoe bats
Smooth Snake
Sturgeon
Natterjack Toad
Marine Turtles
Scientific name Common name
Rhinolophidae - all Dock, Shore species
Scientific name
Rumex rupestris
Common bats
Wild Cat
Vespertilionidae - all Killarney Fern species
Felis silvestris Early Gentian
Trichomanes speciosum
Gentianella anglica
Cypripedium calceolus Dolphins, porpoises Cetacea – all species Lady’s-slipper and whales
Dormouse Muscardinus avellanarius
Creeping Marshwort Apium repens
Pool Frog
Sand Lizard
Rana lessonae
Lacerta agilis
Slender Naiad
Fen Orchid
Fisher’s Estuarine Gortyna borelii lunata Plantain, Floating-
Moth leaved water
Newt, Great Crested Triturus cristatus Yellow
Saxifrage
Najas flexilis
Liparis loeselii
Luronium natans
Marsh Saxifraga hirculus
Otter Lutra lutra
Lesser Whirlpool
Ram’s-horn Snail
Anisus vorticulus
Coronella austriaca
Acipenser sturio
Bufo calamita
Caretta
Chelonia imbricata , caretta mydas
,
,
Lepidochelys kempii ,
Eretmochelys
Dermochelys coriacea
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

The Hedgerow Regulations 1997
The Hedgerow Regulations 1997 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.
Wildlife and Countryside Act 1981 (as amended)
This is the principal mechanism for the legislative protection of wildlife in the UK. This legislation is 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.
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.
•
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,
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

• 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. 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.
Table B2 provides a comprehensive list of plant species listed in this schedule. 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.
Table B2 Invasive plant species listed in Schedule 9 of the Wildlife & Countryside
Act 1981 (as amended)
Common name
Perfoliate alexanders
Red algae
Variagated yellow archangel
Yellow azalea
Himalayan balsam
Cotoneaster
Entire-leaved cotoneaster
Himalayan cotoneaster
Hollyberry cotoneaster
Small-leaved cotoneaster
False Virginia creeper
Virginia creeper
Purple dewplant
Fanwort or Carolina water-shield
Water fern
Hottentot fig
Three-cornered garlic
Giant hogweed
Water hyacinth
Giant kelp
Giant knotweed
Scientific name
Smyrnium perfoliatum
Grateloupia luxurians
Lamiastrum galeobdolon subsp. argentatum
Rhododendron luteum
Impatiens glandulifera
Cotoneaster horizontalis
Cotoneaster integrifolius
Cotoneaster simonsii
Cotoneaster bullatus
Cotoneaster microphyllus
Parthenocissus inserta
Parthenocissus quinquefolia
Disphyma crassifolium
Cabomba caroliniana
Azolla filiculoides
Carpobrotus edulis
Allium triquetrum
Heracleum mantegazzianum
Eichhornia crassipes
Macrocystis spp.
Fallopia sachalinensis
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

Common name
Hybrid knotweed
Japanese knotweed
Few-flowered garlic
Water lettuce
Parrot’s-feather
Floating pennywort
Duck potato
Floating water primrose
Water primrose
Water primrose
Rhododendron
Rhododendron
Giant rhubarb
Japanese rose
Giant salvinia
Green seafingers
Californian red seaweed
Hooked asparagus seaweed
Japanese seaweed
Laver seaweeds (except native species)
Australian swamp stonecrop or New Zealand pygmyweed
Wakame
Curly waterweed
Waterweeds
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com
Scientific name
Fallopia japonica × Fallopia sachalinensis
Fallopia japonica
Allium paradoxum
Pistia stratiotes
Myriophyllum aquaticum
Hydrocotyle ranunculoides
Sagittaria latifolia
Ludwigia peploides
Ludwigia grandiflora
Ludwigia uruguayensis
Rhododendron ponticum
Rhododendron ponticum × Rhododendron maximum
Gunnera tinctoria
Rosa rugosa
Salvinia molesta
Codium fragile
Pikea californica
Asparagopsis armata
Sargassum muticum
Porphyra spp
Crassula helmsii
Undaria pinnatifida
Lagarosiphon major
Elodea spp.

Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

Introduction
The information in this appendix relates to bat and bird boxes that can be easily incorporated into building and landscape plans. The information provided is not exhaustive and provides examples of some of the types of boxes available.
Including bat and bird boxes throughout the development site has a number of benefits:
•
Any roosting or resting places lost as a result of the work will be replaced;
•
The ecological value of the site will be enhanced;
•
Priority species within the UK and local Biodiversity Action Plans (BAPs) will be encouraged.
Bats
For Buildings
The inclusion of a variety of bat bricks, tubes and boxes for buildings is recommended to encourage a diversity of bat species. Bat bricks and tubes require no maintenance.
Bat Access and Roost Bricks
Source: Marshalls Clay Products (approved by the
Bat Conservation Trust)
‘… Marshall Clay Products have been producing a Bat
Access Brick specially designed to help the country’s badly depleted bat population by provided access to wall cavities or roof spaces where most bat colonies tend to be (see diagram). In recent years bats have been declining at an alarming rate. Nearly all colonies tend to be on the outside of houses, in wall cavities, under slates, flashing or tiles, et c. … Contrary to popular opinion, bats do not make pests and do absolutely no damage to buildings or roof timbers, indeed many people encourage bat colonies in their area because of the large number of insect pests, woodworm, et c. which they eat. Most colonises will use a house for only a
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

few weeks in summer before dispersing in autumn.’
A Bat Brick should ideally be placed as high as possible at the gable apex or close to the soffit.
Marshall’s Bat Access Brick, which is now also available in stone.
Marshalls Clay Products - Quarry Lane, Howley
Park, Woodkirk, Dewsbury, West Yorkshire, WF12
7JJ – Tel: (01132) 203535, Fax: (01132) 203555.
Bat Tube
Brick bat tubes are designed for buildings, or underneath bridges, arches or tunnels, where conditions are relatively humid. They are particularly useful for new buildings or bridges to attract bats, or to provide new roost sites where existing buildings with bats are being renovated.
This long box can be installed within brick masonry, beneath plasterwork or wood panelling, or incorporated into concrete structures such as factory buildings or bridges. Inside it contains a woodcrete surface, a roughened wood board, and a metal mesh, providing a choice of roosting areas depending on the weather conditions and the bats' habits. This box is maintenance-free as the entrance slit is at the bottom.
No painting required, but if painting is necessary a natural breathable paint should be used.
Width: 20cm; Height: 47.5cm; Depth: 12.5cm; Entrance Width: 15cm; Entrance
Depth: 2cm; Weight: 13kg
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

Bat Box
This type of box is made of woodcrete and is expected to last approximately 25 years. It has a narrow crevice-like internal space to attract Pipistrelle and Noctule bats. Woodcrete (75% wood sawdust, concrete and clay mixture).
Width: 27cm; Height: 43cm; Weight: 8.3kg.
For Trees
Woodcrete boxes have the highest rates of occupation of all box types. The 75% wood sawdust, concrete and clay mixture allows natural respiration, stable temperature, and durability. They are long lasting (approx. 25 years) and are rot- and predator-proof. Hang from a tree branch near the trunk, or fix to a trunk with the supplied 'tree-friendly' aluminium nail. Attractive to smaller British bats.
Material: Woodcrete (75% wood sawdust, concrete and clay mixture); Diameter:
16cm; Height: 33cm; Weight: 4kg.
Bird Boxes
A variety of bird box designs could be installed throughout the development site to attract a diversity of species. Open fronted boxes will attract species such as robins, pied wagtails and spotted flycatchers, while boxes with entrance holes will attract tits, wrens and tree sparrows.
Roost pockets will be used by roosting birds over the winter and by smaller species, such as wrens, for nesting in the spring.
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

Open Fronted Boxes
This box is attractive to robins, pied wagtails, spotted flycatcher, wrens and black redstarts and is best sited on the walls of buildings with the entrance on one side.
These woodcrete boxes are designed to mimic natural nest sites and provide a stable environment for chick rearing and winter roosting. They can be expected to last 25 years or more without maintenance.
Boxes with Entrance Holes
This box is attractive to smaller birds such as tits, wrens and tree sparrows.
Sparrow terraces are also available.
Insect Boxes
As with the bat and bird boxes, a variety of insect boxes is recommended to encourage a diversity of species.
Wooden Insect House
A general insect habitat for beneficial insects in summer and, later in the year, over wintering ladybirds and lacewings. Locate in a sheltered place near nectar or pollen plants or by a pond.
Durable and strong construction in acacia, oak or larch with no maintenance necessary. Dimensions: 22 × 13.5 × 13.5cm.
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com

Woodcrete Insect House
An insect nest made from long-lasting, insulating, woodcrete, with holes of different sizes providing homes for a variety of beneficial insects such as bees and solitary wasps.
Dimensions: 14 × 8 × 26cm; Weight: 3.65kg
Insect House with Inspection Tubes
This nesting and hibernation box for insects has a woodcrete exterior with a wooden front panel which can be removed for observation. Through the transparent tubes you can see the usually hidden lifecycle of many solitary types of bees and hymenoptera including egg-laying, development of larvae and sealing of brood chambers.
Typical inhabitants are wild bees and thread-waisted wasps. All the species attracted to this box are harmless non-aggressive pollinating insects. Dimensions:
33 × 21 × 51 cm; Weight: 7.1kg.
Tel: +44 (0)117 925 4393 Email: ecology@wyg.com www.
wyg .com