Ecological
Assessment
At
Play Golf Facility
Bakers Lane
Colchester
Essex
Eco Assess
Ref 0312/2015
Play Golf
Colchester
Ecological Assessment
At
Play Golf Facility
Bakers Lane
Colchester
Essex
Project Coordinator
Mrs Trish Ridge
Site Surveyor
Mr Patrick McKenna
Final Report 8th September 2015
Approved:
Patrick K McKenna
Company Director
25 Nayland Road, Bures, Suffolk CO8 5BX
Tel: 01787 227432; mobile: 07770 690899
Email: info@eco-planning.co.uk
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Play Golf
Colchester
Contents
1.
Summary
Pg 4-5
2.
Introduction
3.
Site Assessment
Pg 7-8
4.
Planning Policy and Site Status
Pg9-10
5.
Plan Policy/Wildlife Legislation
Pg 11-12
6.
Reptile Assessment
Pg 13
7.
Badger Assessment
Pg 14
Pg 6
8. Conclusion
Pg15
Appendices 1- 3
Pg16-17
Statutory Conservation Designations
None Statutory Conservation Designations
Habitat Inventory
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1. Summary
1.1
Eco-Planning UK Ltd received instruction from ADP Architects on behalf of their
client to complete an ecological assessment of a linear section of land at the
Play Golf site adjacent to Bakers Lane Colchester Essex.
1.2
The assessments and this subsequent report are to be part of a planning
application that is to be submitted to the Local Planning Authority, seeking
planning consent for the development of the survey area as a family orientated
golfing amenity, part of the existing golf complex.
1.3
The ecological assessments were completed on the 4th September 2015.
1.4
From the on-site ecological assessments, faunal surveys and desk top study it
was determined that: 
No part of the development site or any adjacent area has any statutory or
none statutory conservation designation or status.

No part of the proposed development site has a B.A.P. Priority Habitat
designation. There are small areas of B.A.P. deciduous woodland beyond
the application site, these areas will not be impacted upon by the
proposed development.

The linear strip of land has been used as a storage area for various large
mounds of material associated with the wider sites development. These
mounds vary in age and content. Most contain building rubble and subsoil
that has become vegetated over time. Although these habitats have a
limited existing floral diversity their physical structure does provide
suitable reptile habitat for foraging, basking sites, refugia and potential
hibernacula.

A reptile multiple visit reptile survey is required to determine a reptile
presence or absence.

There are several well worm mammal runs crossing the central and
norther section of the site with associated badger field signs. There are
two wasp nests that appear to have been very recently partially excavated
by badgers.

A badger survey of the site and immediate adjacent area to confirm the
presence or absence of any active badger sett is required.
25 Nayland Road, Bures, Suffolk CO8 5BX
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1.5
The on-site ecological assessments with the completed presence/absence
faunal surveys along with this report will meet in full all
ecological/conservation related issues that could require consideration as part
of the planning application process for this site.
1.6
Furthermore the potential developer has addressed all of his legal wildlife
responsibilities and requirements in relation to due diligence as part of the
planning application process.
1.7
The Local Authority Planning Officer has been supplied with all relevant
ecological information as part of the planning application process.
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2. Introduction
2.1
The Countryside Rights of Way Act, Planning Policy Statement 9, and the more
recent biodiversity legislation, Natural Environmental Rural Communities Act
(2006) required local planning authorities to give full consideration and to take
into account the effects a development proposal may have on a particular
habitat, protected species and site biodiversity, existing and potential.
2.2
P.P.S. 9 however has now been replaced with the Governments new National
Planning Policy Framework. Although replacing P.P.S.9 the framework does
maintain a very similar position in ensuring that biodiversity/conservation is
given full consideration at the time of a planning application submission.
2.3
The Local Planning Authority would therefore be still acting in a reasonable and
responsible manner under the new legislation by requesting that the planning
applicant for this potential development site to submit a suitable ecological
assessment and report, if the Authority believes a habitat or species could be
threatened by the proposed development.
2.4
This ecological assessment and the identified faunal surveys along with this
report has therefore been produced and is presented to meet all initial
ecological requirements and answer all any wildlife concern the local planning
authority may have for this proposed development.
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3. Site Assessment
3.1
The assessment area is a strip of land running adjacent to Bakers Lane within
the Play Golf site in Colchester. All of the surrounding areas are part of the
wider sites golfing facility (Photograph 1).
Photograph 1
3.2
The area of land has been used for the storage of materials associated with the
construction of the surrounding golf facilities. Through the centre of the survey
area is track (Photograph 2) with the stored materials deposited in mounds
either side.
Photograph 2
3.3
Photograph 3
A mixed mature tree/hedge line provides a boundary to the survey site and the
adjacent Bakers Lane (Photograph 3).
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3.4
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Colchester
The material mounds are mainly builder’s rubble with sub soil. They have been
deposited sequentially with those mounds to the areas entrance more recent
(Photograph 4)
Photograph 4
Photograph 5
3.5
The older mounds to the rear of the site are now vegetated with most of the
spoil hidden.
3.6
The mounds and the associated vegetation have limited biodiversity and
conservation value however they do provide numerous basking sites, refugia
and hibernacula for a possible reptile population.
3.7
Across the top of the survey area are numerous well- worn mammal runs.
There is obvious rabbit field sign as well as indicative badger activity, snuffle
forging holes, characteristic guard hair and two very recently partially
excavated wasp nests (Photographs 6 and 7).
Photograph 6
Photograph 7
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4. Planning Policy and Site Status
4.1
The conservation status of a site, its biodiversity and the associated planning
controls were grouped under national, county and local planning policies; and
all broadly based on The Department of the Environments Planning Policy
Statement No 9, which sets out planning policies on the protection of
biodiversity through the planning system.
4.2
The policies of PPS9 took into account by regional planning bodies in relation
to the preparation of spatial strategies, and by local planning authorities in
determining individual planning applications.
4.3
In a broad sense the aims of the Statement are that development should have
minimal impacts on biodiversity (this has recently been extended with the
Natural Environmental Communities Act).
4.4
To achieve this within the Key Principles the Statement required that: Planning decisions be based upon up-to-date information in relation to
relevant biodiversity.
Planning decisions should aim to maintain/enhance biodiversity
Appropriate significance is attached to designated conservation sites in
making a planning decision, International Sites, Sites of Special Scientific
Interest, Regional and Local sites.
Where development causes significant biodiversity harm that cannot be
adequately mitigated against then planning consent should be refused.
4.5
The Governments new National Planning Policy Framework has now fully
replaced P.P.S.9.
4.6
However the direction to protect sites with a designated conservation status,
including Local Wildlife Sites has been continued:-
“113 – 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”.
117 – to minimise impacts on biodiversity…. Planning policies should
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
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Identify and map components of local ecological networks including the
hierarchy of international, national, and locally designated sites of
importance for biodiversity…..
4.7
With such extensive legislative protection of biodiversity and designated
conservation sites against development it is essential to first establish the
status of any site were any ecological related assessment is being made if it is
as in this case in relation to a proposed planning application.
4.8
A search for any type of conservation designations for the proposed
development site and the immediate adjacent areas was completed and is
represented in Appendices 1 - 3.
4.9
Appendix 1 shows the position/boundaries of any conservation area with
Statutory Designation in or adjacent to the proposed development site.
4.10 Appendix 2 shows the position/boundaries of any conservation area with None
Statutory Designation in or adjacent to the proposed development site.
4.11 Appendix 3 shows the position/boundaries of any habitat registered on the
Habitat Inventory in or adjacent to the proposed development area.
4.12 It can be seen from these three maps that no part of the proposed
development site has any statutory, none statutory, or B.A.P. conservation
designations.
4.13 There are several small areas of B.A.P. Deciduous Woodland Priority Habitat
outside of the application site. The proposed development will not impact
upon these areas or their conservation status/designation.
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5. Planning Policy and Wildlife Legislation
5.1
Regardless of any planning policy or guideline change certain species are
legally protected and any type of development that would injure, kill, ill-treat
or intentional damage or destroy any protected species or place of shelter
would be a criminal act.
5.2
However some species that do not receive statutory full protection under
existing ranges of legislation were identified as requiring conservation action as
species of principal importance in biodiversity conservation. - PPS 9 Key
Principle 15 - 16.
5.3
As previously explained P.P.S 9 has now been replaced by the National
Planning Policy Framework.
5.4
The new legislation however does recognise the conservation based protection
certain species require as part of the planning application to protect and
increase site biodiversity.
To minimise impacts on biodiversity - planning policies should …

Promote the preservation restoration an re-creation of priority habitats
and the protection of priority species populations….linked to national and
local targets

When determining planning applications local planning authorities should
aim to conserve and enhance biodiversity….

To achieve this conservation action/protection planning authorities are
instructed to refuse planning applications that cause harm to these species
or their habitats if no suitable mitigation has been identified.
5.5
With legal responsibilities and new planning framework implications it remains
essential that any ecological assessment of any development site, including the
area of this report, must determine the possible presence or absence of any
protected species as part of the development process.
5.6
Without this assessment the potential developer would be unable to
demonstrate due diligence in his legal wildlife responsibilities.
5.7
Furthermore the local planning officer will not have been provided with
sufficient information to be able to determine if the new ecological based
requirements of their relevant planning application for the site are being met
in full.
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5.8
It would however be unreasonable to survey for every protected floral/faunal
species. The likelihood of a protected species being present is based on the
habitat type, its condition and quality.
5.9
The Site Assessment highlighted that there are a number of vegetated
rubble/subsoil mounds with reptile potential.
5.10 Slow Worm, Common Lizard and Grass Snake are all protected under schedule
5 of the Wildlife and Countryside Act (1981 and amendments) against killing,
injury and sale.
5.11 Any development of this site without providing for these protected species if
present would be seen as a deliberate and an unreasonable act, i.e. an offence
would have been committed, a reptile presence or absence survey is therefore
required.
5.12 However it must be noted that their habitat is not protected, only the
individual animal.
5.13 The Site Assessment identified several well- worn mammal runs and numerous
indicative field signs within the survey area compatible with a badger presence
on site.
5.14 The Wildlife and Countryside Act (1981) and its subsequent amendment (1985)
made it an offence to take, kill, injure or ill-treat a Badger.
5.15 The Badger gained further protection under the auspices of The Protection of
Badgers Act (1992).
5.16 This Act consolidates all former protective legislation in relation to Badgers,
except their inclusion on Schedule 6 of the Wildlife and Countryside Act 1981.
5.17 Under the 1992 act the Badger sett is protected from obstruction destruction,
and damage, furthermore the animal’s access to and from the sett must not be
impeded.
5.18 The concept/definition of the sett extends beyond the main sett to include
annex, subsidiary and outlying setts.
5.19 It must be noted that although the Badger and its sett are protected (including
access to the sett) its wider habitat is not.
5.20 With such legislative protection it is essential that a badger presence or
absence survey is completed for the site and the adjacent relevant areas.
25 Nayland Road, Bures, Suffolk CO8 5BX
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6. Reptile Survey
Survey Technique
6.1
The reptile presence or absence survey for this site will require 7 separate site
visits. -
6.2
All of the survey days must be warm, rain free and with early morning
sunshine. This good weather is essential for spotting the “cold blooded”
reptiles.
6.3
The survey technique will generally follow the advice/recommendations
contained in the herpetofaunas workers guidelines.
6.4
Artificial refugia will be spread across all the relevant open areas within the
development site that provide the best potential reptile habitat.
6.5
These refugia are a mix of roofing felt; corrugated metal and plywood sheets,
all cut to 75 cm wide squares.
6.6
The refugia provide basking areas, on which the reptiles may warm themselves
in the early morning sun, seek refuge from predators and gain shelter.
6.7
All the refugia will be inspected during each of the seven site visits. At the
same time as the artificial refugia inspections, casual surveys amongst any
rubble or waste materials dumped on the site will also be completed.
6.8
After seven survey inspections a reptile absence or presence conclusion will be
6.9
If a reptile presence is determined suitable exclusion and translocation
mitigation will be required for the relevant areas before any possible
cosntruction begins.
6.10 Any reptile capture/translocation mitigation will follow the guidelines of the
Herpetofaunas Workers Manual (Gent, T and Gibson 2003) and Natural
England’s advisory information.
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7. Badger Assessment
Survey technique
7.1
Badgers are not nomadic they live in social family groups in distinct territories
which they defend against any adjacent badgers.
7.2
Each social group has one main sett, in more or less continuous use, and that
may have been so for decades or even centuries. The animals radiate from this
central sett throughout their territory.
7.3
As well as the main sett the badgers may make use of associated annex,
subsidiary or outlying setts.
7.4
Any survey that attempts to determine the presence or absence of badgers
must begin with a search for and assessment of, any of the sett types
described above.
7.5
Badgers routinely use a connecting system of well-worn “runs” that spread
across their territories. In looking for these runs or paths, special attention
must be given to suitable areas; such as soft earth patches were a footprint
might be left by a passing animal.
7.6
Similarly were a suspected badger run passes beneath a fence or other
obstruction (particularly barbed wire or bramble), a hand and knee
examination can reveal the characteristic coloured and coarse badger guard
hair caught on part of the fence/obstruction.
7.7
A number of badgers defecating in the same place will create a characteristic
latrine; these sites and foraging areas with numerous surface food scrapes are
both synonymous with regular badger activity.
7.8
All of the above criteria/indicators will be used during the required badger
survey to determine the level of badger activity within the proposed
development area and more importantly the presence or absence of any type
of active badger sett.
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8. Conclusion
8.1
No part of this proposed development site has any statutory, none statutory or
B.A.P. conservation designation or status.
8.2
There are several small areas of B.A.P. Deciduous Woodland Priority Habitat
outside of the application site. The proposed development will not impact
upon these areas or their conservation status/designation.
8.3
The mounded vegetated spoil heaps have little biodiversity value but they do
have possible conservation potential that would be associated with a potential
reptile presence.
8.4
A multiple visit reptile survey is required to confirm a presence or absence. Any
presence would require subsequent exclusion/translocation mitigation before
any approved construction could begin.
8.6
There are several indicative field signs on site of recent badger activity.
8.7
A badger presence or absence survey is required for the proposed
development site and adjacent areas to determine a presence or absence of
any active badger sett.
8.8
The on-site ecological assessment, future recommended faunal surveys along
with this report will meet in full all ecological/conservation related issues that
could require consideration as part of the planning application process for this
site.
8.9
Furthermore the potential developer will have addressed all of his legal wildlife
responsibilities and requirements in relation to due diligence.
25 Nayland Road, Bures, Suffolk CO8 5BX
Tel: 01787 227432; mobile: 07770 690899
Email: info@eco-planning.co.uk
Company no: 5553720 VAT Reg. No: 980 8484 75
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Appendix 1
Statutory Conservation Designation
Appendix 2
Non Statutory Designation
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Appendix 3
Habitat Inventory
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