NI Biodiversity Checklist A step by step guide to help identify a range of biodiversity interests associated with proposed development projects Version 1.1 / April 2015 practice Guide PRACTICE GUIDE April 2015 Guide This checklist aims to provide a tool which, if utilised, will assist applicants and planning authorities make an early initial assessment of biodiversity issues that may need to be addressed when considering development management impacts on nature conservation sites, habitats and species. The correct application of the tool would also help applicants and planning authorities identify and satisfy legislative requirements with regard to biodiversity in development projects. This checklist does not attempt to provide an authoritative account of the legislation and policy that underpin biodiversity conservation in Northern Ireland and is not intended to be a source of legal advice. This guide is not intended to replace the need for judgement by planning officers and those making planning applications. Reference should always be made to the relevant legislation and if any discrepancy or conflict exists between the contents of this guide and the relevant legislation, the provisions of the legislation will prevail. Further information can be obtained from the Northern Ireland Environmental Agency (NIEA) website www.doeni.gov.uk/niea. Links to external sources of information have also been provided in the text, where appropriate. Cover Photo: Umbra, Area of Special Scientific Interest © Christie Greer 1 April 2015 NI BIODIVERSITY CHECKLIST Introduction ‘Biodiversity’ is the variety of plant and animal life in the world, or in a particular place or habitat, and includes all species of plants and animals and the habitats in which they live. Biodiversity is essential to sustaining the living networks and systems that provide us all with health, food, wealth, fuel and the vital services our lives depend on. It is therefore important to minimise activities which could negatively impact on Northern Ireland’s rich biodiversity. This checklist is a ‘step by step’ tool which can be used by applicants, agents and planning authorities, to help identify if a development proposal is likely to adversely affect certain aspects of biodiversity and what information may be required to accompany a planning application, in order to adhere to European and Northern Ireland wildlife legislation1 and standards. If a completed Biodiversity Checklist is submitted with a planning application it would assist planning authorities to consider the impacts of the development proposal on Northern Ireland’s Biodiversity. Applications, submitted with adequate biodiversity information can also assist NIEA as a statutory consultee2 to provide substantive responses within agreed timescales. The application of this checklist would also assist with: conformity with British Standard 42020:2013 for Biodiversity (Code of practice for planning and development); compliance with national and international biodiversity policy and legislation; and reducing the risk of appeals and legal challenges. If the information submitted with an application proves to be inadequate to assess the impacts on biodiversity, further evidence and information may be needed to inform the determination of the application. This could lead to a delay in determining the application or refusal of the application, depending on the further evidence being sought. To avoid delays within the planning process we would recommend that applicants should consider biodiversity requirements at the earliest possible stage. This is particularly relevant as there may be seasonal constraints on any required survey work. Although the tool is designed to be utilised by all, certain aspects may require a level of ecological knowledge or expertise, such as the identification of priority habitats and species. Where possible the use of a competent and qualified Ecologist would be beneficial. It is recommended that such expertise is utilised to prepare the Preliminary Ecological Appraisal and any subsequent survey work, Biodiversity Statement and Mitigation Plan for all major applications. A list of ecological consultants can be found on the CIEEM member’s directory (see link http://www.cieem.net/members-directory ). 1 2 Wildlife and Natural Environment Act (Northern Ireland) 2011 & The Wildlife (Northern Ireland) Order 1985 Schedule 3, Planning (General Development Procedure) Order (Northern Ireland) 2015 2 PRACTICE GUIDE The 5 steps The checklist tool comprises of 5 steps. We would recommend completing steps 1 to 3, and 4 where necessary. If you are submitting the checklist and associated supporting information with your application the declaration in Step 5 should be signed and dated. Step 1 Preliminary Ecological Appraisal and a Biological Records Search Step 2 Protected Sites and NI Priority Habitats Checklist Step 3 Selected Protected Species Checklist If you have answered Yes to any of the questions in Step 2 or Step 3 assess if further surveys are required and proceed to Step 4 Step 4 Biological Statement and Mitigation Plan If you have answered No, to any of the questions in Step 2 or Step 3 provide a concise statement and proceed to Step 5 Step 5 Declaration 3 April 2015 NI BIODIVERSITY CHECKLIST Step 1 Preliminary Ecological Appraisal (PEA) The information provided in a Preliminary Ecological Appraisal (PEA) should be proportionate to the scale and nature of the development. It is best practice for a PEA to be produced in a format consistent with ‘Guidelines for Preliminary Ecological Appraisal’ published by the Chartered Institute of Ecology and Environmental Management (CIEEM) See link: http://www.cieem.net/data/files/Resource_Library/Technical_Guidance_Series/GPEA/GPEA _April_2013.pdf As a minimum, however a PEA should identify the following: Designated Sites Information Sources Special Areas of Conservation (SACs) Special Protection Areas (SPAs) RAMSAR sites Areas of Special Scientific Interest (ASSI) National Nature Reserves Other Important Sites Spatial NI https://www.spatialni.gov.uk/ NIEA http://www.doeni.gov.uk/niea/protected_areas_ home Information Sources Sites of Local Nature Conservation Importance (SLCNI) DOE Planning Development Plans http://www.planningni.gov.uk/index/policy/dev_ plans/devplans_az.htm Ancient and Long Established Woodland Ancient Woodland Inventory The Woodland Trust http://www.backonthemap.org.uk/woodland/inte ractive+map Protected Habitats & Species Habitats and Species Lists European Protected Species Schedule 2 - The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). National Protected Species Schedules within The Wildlife (Northern Ireland) Order 1985 (as amended) Northern Ireland Priority Habitats* http://www.doeni.gov.uk/niea/ni_priority_habitat s_sep_11.pdf Northern Ireland Priority Species* http://www.doeni.gov.uk/niea/northern_ireland_ priority_species_list.pdf *NIEA will provide Councils with Natural Environment Hazard Maps which provide evidence to highlight some areas where development is likely to pose a risk to a Northern Ireland Priority Habitat or Priority Species. The PEA should include a description of any works, such as vegetation clearance, that have been undertaken at the application site prior to the ecological appraisal that may affect its findings. 4 PRACTICE GUIDE A Biological Records search of the application site should also be included in the PEA. The most comprehensive information can be obtained from the Centre for Environmental Data and Recording (CEDaR) http://www.nmni.com/CEDaR/IRF Using the results of the PEA and Biological Records Search, please complete Steps 2-3 which will help determine if further survey and assessment work is likely to be required. Below : Common Spotted Orchid © Christie Greer Above : Red Shank © Christie Greer Northern Ireland Priority Species 5 April 2015 NI BIODIVERSITY CHECKLIST Step 2 Protected Sites and NI Priority Habitats Checklist Table 2.1 Sites and Habitats Checklist Question Please tick as appropriate Is the development within 10 km of a Special Area of Conservation (SAC), Special Protection Area (SPA) or Ramsar Site? Yes No Is the development within 2km of an Area of Special Scientific Interest (ASSI)? Yes No Will the development produce wind borne deposits that could carry to a designated site (SAC, SPA, Ramsar, ASSI) or Priority Habitat? Yes No Will the development produce liquid waste that could carry to a designated site or Priority Habitat? Yes No Is the proposal upstream of a watercourse that feeds into a designated site or Priority Habitat? Yes No Is the development within 250m of a Priority Habitat, Ancient or Long Established Woodland or Site of Local Nature Conservation Importance? Yes No If you answer Yes to any of the above questions, complete Table 2.2. If you answer No proceed to Step 3. Portstewart Dune System © Christie Greer 6 PRACTICE GUIDE Table 2.2 Sites and Habitats Evaluation Site / Habitat Is there a ‘reasonable likelihood’ that the development will affect (either directly or indirectly) a protected site prior to applying mitigation. Where you have answered ‘yes’ name the site / Priority Habitat and summarise any possible direct or indirect effects that may occur during construction or operation. For SPA’s this includes ‘qualifying species’ occurring outside of the designated site boundary. Where you have answered ‘no’ please provide a concise statement to support your answer. SAC/SPA/Ramsar Site Yes No ASSI Yes No Priority Habitats Yes No Ancient or Long Established Woodland Yes No Site of Local Nature Conservation Importance Yes No Proceed to Step 3 7 April 2015 NI BIODIVERSITY CHECKLIST Step 3 Selected Protected Species Checklist. 1. The modification, conversion, demolition or removal of buildings which are: Agricultural buildings (eg farmhouses, barns and outbuildings) of traditional brick or stone construction and/or with exposed wood beams; Smooth Newt Red Squirrel Common Lizard Protected and Breeding Birds Badger Otters Bats Does the application involve: If you answer Yes there is ‘reasonable likelihood’ of the following species being present, for which surveys may be required. Table 3.0 Protected Species Checklist Yes No Buildings with weather boarding and/or hanging tiles that are within 200m of woodland and /or water; Pre-1960 detached buildings and structures within 200m of woodland and/or water; Pre-1914 buildings within 400m of woodland and/or water; Pre-1914 buildings with gable ends or slate roofs, regardless of location; Located within, or immediately adjacent to woodland and/or immediately adjacent to water; Barns or livestock buildings with a single skin roof and board-and-gap or Yorkshire type boarding if, following a preliminary roost assessment the site appears to be particularly suited to bats. 8 Smooth Newt Red Squirrel Common Lizard Protected and Breeding Birds Badger Otters Bats If you answer Yes there is ‘reasonable likelihood’ of the following species being present, for which surveys may be required. PRACTICE GUIDE 2. Development affecting built structures: Yes Tunnels, mines, kilns, ice-houses, adit, military fortifications, air raid shelters, cellars and similar underground structures; unused industrial chimneys that are unlined and brick/stone construction; No Bridge structures, aqueducts and viaducts (especially over water and wet ground). 3. Does the application involve: new lighting/floodlighting of: a building/ structure with features suitable for bats or barn owl (Any building meeting the criteria listed in (1) above); or green space (e.g. sports pitches) within 50m of woodland, water, field hedgerows or lines of trees with connectivity to woodland or water. Yes No 4.Felling, removal or lopping of: Woodland; Yes Field hedgerows and/or lines of trees with connectivity to woodland or water bodies; No Old and veteran trees that are more than 100 years old; Mature trees with obvious holes, cracks or cavities, or which are covered with mature ivy (including large dead trees). 9 April 2015 Smooth Newt Red Squirrel Common Lizard Protected and Breeding Birds Badger Otters Bats If you answer Yes there is ‘reasonable likelihood’ of the following species being present, for which surveys may be required. NI BIODIVERSITY CHECKLIST 5. Proposals affecting water bodies: Yes In or within 200 m of rivers, streams, canals, lakes, reedbeds or other aquatic habitats. No 6. Proposals for wind farm developments of multiple wind turbines and single wind turbines (depending on the site and location) Yes No 7. All proposals in sites where bats are known to be present. Yes This may include proposed development affecting any type of buildings, structures, feature or location. No 8. Does the application site contain or is it adjacent to: Yes semi-natural woodland; scrub thicket; or is it bounded by or adjacent to hedgerows of predominantly native species that are greater than 1m tall and 0.5m wide? No 10 9. Does the application site contain or is it adjacent to a tree/woodland plantation, including of conifers? 10. Does the application site contain trees that are: older than 100 years; trees with obvious holes, cracks, cavities, rot, loose bark, or trees with a girth greater than 1m at chest height? 11. Does the application site involve disturbance, modification, demolition or construction on/in sand pits; quarries; natural cliff faces; or rock outcrops? 12. Does the application site contain or is it within 100m of a pond or other water body (500m for major developments)? It can be ephemeral (sometimes dries out). 13. Does the application site contain or is it adjacent to : species rich grassland (e.g. pasture, meadows, parkland)? 14. Does the application site contain: previously developed, derelict or brownfield land? 15. Does the application involve the modification, disturbance or removal of: mature or overgrown gardens; rough grassland; or scrubland? 16. Does the application involve the modification, disturbance or removal of: Smooth Newt Red Squirrel Common Lizard Protected and Breeding Birds Badger Otters Bats If you answer Yes there is ‘reasonable likelihood’ of the following species being present, for which surveys may be required. PRACTICE GUIDE Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No arable field (s) with hedgerows or grass margins? 11 April 2015 17. Does the application site contain or is it within 50m of: Smooth Newt Red Squirrel Common Lizard Protected and Breeding Birds Badger Otters Bats If you answer Yes there is ‘reasonable likelihood’ of the following species being present, for which surveys may be required. NI BIODIVERSITY CHECKLIST Yes coastal habitats including estuary, rock shore, sand dunes or salt marsh? No 18. Does the application contain or is within 50m to: Yes No Peatlands, wetlands (within 100m) or heathland? If you have answered Yes to any of the above questions, further information such as a . species survey, a Biodiversity Statement and Mitigation Plan may be required. It is recommended that applicants seek advice from a qualified ecologist before submitting a planning application to advise if there is there a ‘reasonable likelihood’ that the development will affect any species identified. Any species identified should be named and any possible direct or indirect effects that may occur during construction or operation summarised. We would recommend that any species surveys be undertaken in accordance with the most current Northern Ireland Environment Agency advice. Proceed to Step 4. If you answered No please provide a concise statement to support your answer and proceed to Step 5 . Statement of support 12 PRACTICE GUIDE Step 4 Biodiversity Statement and Mitigation Plan A Biodiversity Statement and Mitigation Plan Statement should include the following: 1. The Preliminary Ecological Appraisal 2. The following information as appropriate: A map showing the location of protected species (depending on the species this should be in or within 50m of the application site boundary). An Extended Phase 1 Habitat Survey which shows the location and extent of habitats that could be affected by the proposals, together with the features associated with any protected or NI Priority Species. Relevant protected and/or NI Priority Species surveys including results and methods in accordance with NIEA advice for survey requirements. A qualitative evaluation of the value and likely impacts/effects upon each biodiversity feature. This should adopt the same approach to the evaluation and identification of impacts as recommended by the Chartered Institute of Ecology and Environmental Management (CIEEM) in their Ecological Impact Assessment (EcIA) Guidelines. For each biodiversity feature that will be adversely affected mitigation / compensation proposals detailing: a. How adverse impacts will be avoided, reduced and/or mitigated; b. How any residual impacts that cannot be avoided and/or mitigated will be compensated for; c. Where appropriate, how mitigation or compensation measures will be managed and monitored post permission; and d. Proposals for biodiversity enhancements. Step 5 Declaration Applicant/Agent Name: Signed: Date: 13 April 2015 NI BIODIVERSITY CHECKLIST Supporting Notes BS 42020 – a code of practice for biodiversity in planning and development BS 42020 is a standard developed by the British Standards Institution (BSI) in association with biodiversity experts and stakeholders from across all sectors. The standard provides clear recommendations and guidance to ensure that actions and decisions taken at each stage of the planning process are informed by sufficient and appropriate ecological information. The BSI has produced a smart guide that provides an introduction to the benefits of BS 42020. http://www.bsigroup.com/LocalFiles/en-GB/biodiversity/BS-42020Smart-Guide.pdf (PDF, 195KB). Guidelines for Preliminary Ecological Appraisal A Preliminary Ecological Appraisal (PEA) has a range of purposes; one key use is in the site development process to gather data on existing conditions, often with the intention of conducting a preliminary assessment of likely impacts of development schemes or establishing the baseline for future monitoring. As a precursor to a proposed project, some evaluation is usually made within these appraisals of the ecological features present, as well as scoping for notable species or habitats, identification of potential constraints to proposed development schemes and recommendations for mitigation. Developers should be advised and encouraged to enter into discussions with planning authorities as early in the development process as possible. A Preliminary Ecological Appraisal indicating, for example, the likely significance of ecological impacts on a proposed development site will be an important contribution to these early stages. It will help the developer and the planning authority to agree the appropriate scope of any subsequent impact assessments, or that ecological impacts will not be a significant issue in the determination of the application when it is submitted. http://www.cieem.net/data/files/Resource_Library/Technical_Guidance_Series/GPEA/GPEA _April_2013.pdf (PDF, 1.23MB). Ecological Impact Assessment (EcIA) Guidelines These Guidelines have been developed by the Institute of Ecology and Environmental Management (IEEM) to promote good practice in Ecological Impact Assessment (EcIA) relating to terrestrial, freshwater and coastal environments to the mean low water mark in the UK. Ecological Impact Assessment is the process of identifying, quantifying and evaluating the potential impacts of defined actions on ecosystems or their components. If properly implemented it provides a scientifically defensible approach to ecosystem management. EcIA may be carried out as part of a formal environmental impact assessment (EIA) or to support other forms of environmental assessment or appraisal. EcIA should include the following stages: scoping, involving consultation to ensure the widest possible input to the definition of the scope of an EcIA (in practice, scoping is iterative throughout the EcIA process); identification of the likely zone of influence arising from the whole lifespan of the project; identification and evaluation of ecological resources and features likely to be affected; 14 PRACTICE GUIDE identification of the biophysical changes likely to affect valued ecological resources and features; assessment of whether these biophysical changes are likely to give rise to a significant ecological impact, defined as an impact on the integrity of a defined site or ecosystem and/or the conservation status of habitats or species within a given geographical area, including cumulative impacts; refinement of the project to incorporate ecological enhancement measures, mitigation measures to avoid or reduce negative impacts, and compensation measures for any residual significant negative impacts; assessment of the ecological impacts of the refined project and definition of the significance of these impacts; provision of advice on the consequences for decision making of the significant ecological impacts, based on the value of the affected resource or feature; and provision for monitoring and following up the implementation and success of mitigation measures and ecological outcomes, including feedback in relation to predicted outcomes. http://www.cieem.net/data/files/Resource_Library/Technical_Guidance_Series/EcIA_Guideli nes/TGSEcIA-EcIA_Guidelines-Terestrial_Freshwater_Coastal.pdf (PDF, 806KB). European Protected Species Protected species are a material consideration in the planning process. If a development is likely to impact on a protected species, survey information should be submitted prior to a planning decision being made. Please note that for European Protected Species a licence may be required (post planning permission) in order to carry out the development should permission be granted. It is important that you refer directly to NIEA, the licensing body, for further licensing guidance. However, the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended) also requires the planning authority to consider ‘a number of tests when determining a planning application that may affect a European protected Species’. If there is a risk of European Protected Species being impacted by the development the applicant should submit sufficient evidence to enable these tests to be satisfactorily addressed by the planning authority. National Protected Species Protected species are a material consideration in the planning process. If a development is likely to impact on a protected species, survey information should be submitted prior to a planning decision being made. Please note that a licence may be required for a nationally protected species (post planning permission) in order to carry out the development should permission be granted. It is important that you refer directly to NIEA, the licensing body, for further licensing guidance. Environmental Impact Assessment (EIA) Where a formal Environmental Impact Assessment (EIA) is required under the EIA Regulations the Mitigation Plan should be incorporated in to the Ecology chapter of the Environmental Statement subject to any Scoping Opinion issued by the planning authority. 15 April 2015 NI BIODIVERSITY CHECKLIST Further guidance and advice on survey requirements for the protected species and protected habitats, can be found at: http://www.planningni.gov.uk/standing_advice.htm. 16 NIEA Natural Heritage Division Klondyke Building Gasworks Business Park Cromac Avenue Ormeau Road Malone Lower Belfast BT7 2JA T: 028 9056 9604 E: PlanningResponse.Team@doeni.gov.uk