Padgbury Lane North, Congleton REPTILE MITIGATION STRATEGY

Padgbury Lane North, Congleton REPTILE MITIGATION STRATEGY February 2014

FPCR Environment and Design Ltd Registered Office: Lockington Hall, Lockington, Derby DE74 2RH Company No. 07128076. [T] 01509 672772 [F] 01509 674565 [E] mail@.co.uk [W] www..co.uk This report is the property of FPCR Environment and Design Ltd and is issued on the condition it is not reproduced, retained or disclosed to any unauthorised person, either wholly or in part without the written consent of FPCR Environment and Design Ltd. Ordnance Survey material is used with permission of The Controller of HMSO, Crown copyright 100018896. Rev Issue Status Prepared / Date Approved/Date - Draft 1 HES / 15.11.13 AL / 19.11.13 A Final HES / 23.01.14 AL / 23.01.14 B Final HES / 25.02.14 AL / 25.02.14

CONTENTS 1.0 INTRODUCTION... 2 2.0 SURVEY METHODOLOGY... 2 3.0 LEGISLATION AND POLICY... 3 4.0 RESULTS... 4 5.0 MITIGATION STRATEGY... 6 TABLES Table 1: Key Reptile Site Survey Assessment Categories (HGBI 1998) Table 2: Reptile Survey Conditions and Results FIGURES Figure 1: Refugia Location Plan and Reptile Location Plan 1

1.0 INTRODUCTION 1.1 This report provides details of potential mitigation and compensation works at land west of Padgbury Lane, Congleton, Cheshire in relation to reptiles. This report should be read in conjunction with the Reptile Survey Report (FPCR, July 2013) and Great Crested Newt Mitigation Strategy (FPCR, February 2014). 1.2 An Environmental Impact Assessment has been prepared for a wider site, incorporating two separate outline planning applications, Padgbury Lane North and Padgbury Lane South. This report details the mitigation strategy for the individual site at Padgbury Lane North. 1.3 The majority of land within Padgbury Lane North comprised arable land, considered to be unsuitable habitat for reptile species. The hedgerows bounding and dissecting the site and the habitats found alongside Loach Brook (open tussock grassland, ruderal and scrub assemblages) provided suitable habitat, most of which is to be retained through proposals. 1.4 The composition of suitable reptile habitat along the site boundaries necessitated reptile surveys, which were undertaken using the standard methods recommended by the Herpetofauna Workers Manual 1 and the Froglife Advice Sheet 10 - Reptile Survey 2. The surveys also covered suitable habitats within Padgbury Lane South. Seven visits were made during 2013 and no reptiles were recorded within Padgbury Lane North. However, a low population of slow worm (Froglife 1999) Anguis fragilis was recorded within Padgbury Lane South, approximately 65m from the site boundary. 1.5 The site will also be subject to a great crested newt (GCN) mitigation strategy, as a population was recorded within Padgbury Lane South. The reptile and great crested newt mitigation strategies will be integrated at the same time to ensure both reptiles and great crested newt are safely removed from the working area. 1.6 The site is situated to the west of Congleton comprising 5.45 hectares. The surrounding landscape is predominantly agricultural land and residential development. The fields bordering Loach Brook to the south and west were in use as pasture and arable land at the time of survey. The land immediately south in which the slow worm population was identified, Padgbury Lane South, comprised habitats of an unmanaged nature with a large compartment of rough grassland with two ponds, one of which was ephemeral, present within the rough grassland habitat. The land immediately north comprised further rough grassland bordered by hedgerows. Residential development bounded the site to the north and east. 2.0 SURVEY METHODOLOGY Reptile Survey 2.1 A strategic reptile presence / absence survey was undertaken at specific locations identified as offering potential habitat within Padgbury Lane North and South. The survey was undertaken based on methodology detailed in the Herpetofauna Workers Manual (JNCC 1999) and the Froglife Advice Sheet 10 - Reptile Survey (Froglife 1999). Methods involved a search for basking reptiles on / under naturally occurring and strategically positioned artificial refugia. The artificial 1 Herpetofauna Workers Manual, Gent and Gibson (1999). JNCC 2 Froglife (1999) An introduction to planning, conducting and interpreting surveys for snake and lizard conservation. Froglife Advice Sheet 10. Froglife, Halesworth 2

refugia used were 0.5m 2 sections of roofing felt with a black upper side. These were placed in locations that offered the most suitable habitat for common reptiles i.e. in open grassland, near hedgerows and along Loach Brook at a density of ten refugia per hectare of suitable habitat. The location of refugia is shown in Figure 1. 2.2 In addition, the surveys also followed the guidelines recommendations by: Approaching refugia from downwind and avoiding casting a shadow and with care so as to not disturb basking animals when checking; Lifting and replacing tins, to check for the presence of reptiles underneath in hot weather is undertaken with care, to avoid potential harm to any animals underneath; Assessment 2.3 Reptile populations were assessed in accordance with population level criteria as stated in the Key Reptile Site Register 3. This system classifies populations of individual reptile species into three population categories assessing the importance of the population (Table 1). These categories are based on the total number of animals observed during individual survey occasions. Table 1: Key Reptile Site Survey Assessment Categories (HGBI 1998) Species Low Population (No. of individuals) Good Population (No. of individuals) Exceptional Population (No. of individuals) Adder <5 5-10 >10 Common lizard <5 5-20 >20 Grass snake <5 5-10 >10 Slow worm <5 5-20 >20 3.0 LEGISLATION AND POLICY 3.1 All common reptile species, including common lizard and grass snake, are partially protected under Sections 9(1) and 9(5) of Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) 4. This legislation protects these animals from: intentional killing and injury; selling, offering for sale, possessing or transporting for the purpose of sale or publishing advertisements to buy or sell a protected species. 3 Herpetofaune Groups of Britain and Ireland (1998), Evaluating Local Mitigation / Translocation Programmes: Maintaining Best Practice and Lawful Standard. HGBI advisory notes for Amphibian and Reptile Groups (ARGs). HGBI, c/o Froglife, Halesworth. Unpbubl 4 The Wildlife and Countryside Act 1981 (as amended). [Online]. London:HMSO Available from: http://www.legislation.gov.uk/ukpga/1981/69 [Accessed 11/11/2013] 3

3.2 The impact that this legislation has on the Planning system is outlined in ODPM 06/2005 Government Circular: Biodiversity and Geological Conservation Statutory Obligations and their Impact within the Planning System 5. This states: 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. Local authorities should consult English Nature [now Natural England] before granting planning permission. They should consider attaching appropriate planning conditions or entering into planning obligations under which the developer would take steps to secure the long-term protection of the species. They should also advise developers that they must comply with any statutory species protection provisions affecting the site concerned. 3.3 This partial protection does not directly protect the habitat of these reptile species. Where these animals are present on land that is to be affected by development, the implications of legislation are that providing that killing can reasonably be avoided then an operation is legal. Guidance provided by Natural England 6 and the Amphibian and Reptile Groups of the UK 7 recommends that this should be achieved by ensuring that: the animals are protected from injury or killing; mitigation is provided to maintain the conservation status of the species; population monitoring is carried out subsequent to operations. 3.4 All common reptiles are also included on the list of habitats and species which are of principal importance for the conservation of biodiversity in England as required under Section 41 of the Natural Environment and Rural Communities (NERC) Act 8. The S41 list is used to guide decision-makers, including local planning authorities, in implementing their duty under section 40 of the Act, to have regard to the conservation of biodiversity in England, when carrying out their normal functions. 4.0 RESULTS Desktop study 4.1 No local reptile records were provided for areas within 1km of the site boundary from consultees. Field survey 4.2 The surveys confirmed the presence of slow worm within Padgbury Lane South, which were recorded approximately 65m from the site boundary. No other reptile species were recorded during the surveys. Table 2: Reptile survey conditions and results 5 Government Circular: Biodiversity and Geological Conservation Statutory Obligations and their Impact within the Planning System (ODPM 06/2005, Defra 01/2005) 6 Reptiles: guidelines for developers, English Nature (2004). http://publications.naturalengland.org.uk/publication/76006?category=31018 7 Maintaining best practise in reptile mitigation/translocation programmes: Herpetofauna Groups of Britain and Ireland. http://www.arguk.org/index.php?option=com_docman&task=cat_view&gid=13&itemid=17 8 The Natural Environment and Rural Communities Act 2006. [Online]. Available from: http://www.legislation.gov.uk/ukpga/2006/16/contents [Accessed 14/11/2013] 4

Survey Date and Time Weather Common lizard Grass snake Slow worm Other Species 1 18/06/2013 6pm 19 o C Sunny Spells, 60% Cloud No rain, light Breeze 0 0 3 (Padg bury lane South) 6 Toads 2 19/06/2013 8.30am 3 24/06/2013 8am 4 27/06/2013 9am 5 01/07/2013 8am 16 o C, 30% Cloud No rain 18 o C Partly Sunny No rain, slight Breeze 15 o C Partly Sunny No rain, slight Breeze 16 o C Sunny spells No rain, slight Breeze 6 05/07/2013 7pm 7 09/07/2013 7am 16 o C Sunny No rain, slight Breeze 18 o C Sunny No rain, no wind Other Fauna 4.3 During the surveys the only additional species associated with the refugia was common toad, with a maximum of 6 individuals observed in a single survey visit. Population Size Class Assessment 4.4 The results indicate that a low population (<5 adults) of slow worm is present within Padgbury Lane South. Slow worm is a Cheshire region BAP priority species as it is an uncommon species within Cheshire (with only 4 records in the Cheshire region since 1995). Grass snake and slow worm are listed as species of principal importance under Section 41 of the NERC Act 2006. 4.5 It is possible that the reptiles recorded during the survey form part of a population that occupies suitable habitat in the wider landscape. However, slow worms do not move long distances with home ranges probably only several hundred square metres 9. It is therefore possible that slow worm are not present within Padgbury Lane North given the small amounts of suitable habitat in the form of the hedgerows and some of the drier rough grassland adjacent to Loach Brook. 4.6 No grass snake were found but due to the relative difficulty in surveying for grass snake, the presence of suitable habitat within the site and the transient nature of their foraging habitat it is considered possible that grass snake may be using the site in small numbers especially along the Loach Brook corridor. 9 Edgar, P. Foster, J. and Baker J. (2010), Reptile Habitat Management Handbook, Amphibian and Reptile Conservation, Bournemouth 5

5.0 MITIGATION STRATEGY 5.1 The majority of habitats to be lost through proposals are not considered to be suitable for reptile occupation, being arable land, with exception of the dissecting hedgerow. The hedgerow habitat is considered to provide valuable foraging and commuting habitat for reptile species. The habitats associated with the Loach Brook corridor are to be retained and enhanced through creation of hibernacula, habitat ponds and shrub and tree planting. 5.2 The presence of GCN within 500m of the site will require a trapping and translocation exercise to safely remove GCN from the working area. This will be integrated with the reptile mitigation strategy to ensure neither GCN or reptiles will be harmed. The presence of GCN will require a European Protected Species License in order to derogate from the relevant legislation associated with this species to allow development to be undertaken. 5.3 The following section provides details of mitigation required as a result of the proposals. Implementation of the following mitigation strategy is considered sufficient to ensure that the conservation status of the local reptile population is maintained. 5.4 Conservation status is defined as the sum of the influences acting on the species concerned that may affect the long term distribution and abundance of its population within its territory. It is assessed as favourable when: population dynamics data on the species concerned indicate that it is maintaining itself on a long term basis as a viable component of its natural habitats, and the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and there is, or will probably continue to be, a sufficiently large habitat to maintain its populations on a long term basis. Assessment of Potential Impacts and Mitigation Strategies 5.5 Slow worm were recorded in one location in the northern part of Padgbury Lane South (Figure 1). Without the implementation of mitigation there is potential for an adverse impact on reptile species caused by: loss of habitat through vegetation clearance, Incidental harm during earthworks/site clearance. 5.6 Mitigation measures aim to ensure that reptiles are not killed or injured during works and that their local conservation status is maintained. 5.7 The precise method of translocation is greatly dependant on the nature of the construction programme and the phasing of development. Important factors include the extent of working area associated with each phase and the nature of habitat within it. 5.8 Whilst passive displacement encourages animals to move freely away from harm into retained habitats outside of the development area, trapping and translocation requires the active removal of individuals into suitable habitat elsewhere. Given the small area of suitable habitat to be lost (approximately 115m of hedgerow) it is considered that a specific receptor site is not required. 6

5.9 Retained habitats that animals will be displaced into include the hedgerows in the north and south of the site which link to the rough grassland adjacent to the Loach Brook. Prior to displacement habitat enhancements will include the creation of hibernation features outside of the floodplain such as log piles and artificial hibernacula. Site Clearance 5.10 Prior to the commencement of works and upon receipt of a European Protected Species License a trapping and translocation exercise will be conducted as outlined within the GCN Mitigation Guidelines (English Nature 2001) and the HGBI Best Practice and Lawful Standard document 10. Temporary amphibian/reptile fencing (TAF) will be installed around the development footprint with drift fencing installed where appropriate. Pitfall traps will be installed every 5 m (50 pitfall traps per hectare each with 10m drift fencing) along fencing. In addition, artificial reptile refugia will be laid at a rate of 100 per hectare. These areas will then be trapped out for a period of 30 days with all captured GCN and reptiles translocated into the designated GCN/reptile receptor site (details below) along Loach Brook. Trapping will only be undertaken between late March and early October of any year and when the daytime temperature is above 10 o C with traps closed if evening temperatures drop below 5 o C. Trapping will only cease once five clear trapping days have been recorded at the end of the thirty days and once an average of fewer than two individuals per week of any reptile species has been reached. A destructive search will then be undertaken and any animals captured will be recorded and translocated into the receptor site. 5.11 Once trapping has ceased, the hedgerow will be removed under displacement methods (see below), The drift fencing will then be removed (under ecological supervision and during suitable weather conditions), appropriate areas of the site will be destructively searched (under ecological supervision) and development works could commence. If GCN/reptiles were still being captured at this stage then works will not commence until 5 days had passed with no captures. 5.12 The boundary fencing will remain in place until development works have been completed, whereupon it will be removed during suitable weather conditions and under ecological supervision. Passive Displacement 5.13 The bisecting hedgerow (H2) has potential to support slow worm, this hedgerow is the only suitable habitat to be lost. Displacement will involve the management of vegetation to displace reptiles towards areas of suitable retained and enhanced habitat (the hedgerows forming the northern and southern boundaries). This hedgerow connects to the habitat corridor alongside Loach Brook. 5.14 Passive displacement of the hedgerow will involve a first cut of the hedgerow using chainsaws prior to the bird breeding season to help deter birds from breeding and prior to erection of GCN/reptile fencing. The vegetation at this time will be cut to no less than 50 cm. The retention of the lower section of hedgerow will ensure that any hibernating animals are left undisturbed. 10 Herpetofaune Groups of Britain and Ireland (1998), Evaluating Local Mitigation / Translocation Programmes: Maintaining Best Practice and Lawful Standard. HGBI advisory notes for Amphibian and Reptile Groups (ARGs). HGBI, c/o Froglife, Halesworth. Unpbubl 7

5.15 The next cuts will only be undertaken between April and October during suitable weather conditions (temperatures above 10 C with no rain) once trapping has ceased. Two cuts will be made in a northern and southern direction towards retained habitats. The first cut will be to 200mm and the second 1-2 hours later to 50mm. All arisings will be removed from the working areas to prevent potential areas of refugia from being used by reptiles moving across the area. 5.16 All areas of existing suitable refuge within the working area such as rubble piles and other discarded items will be removed by hand under the supervision of a suitably experienced ecologist. Any animals caught will be relocated to the suitable retained habitat corridor along Loach Brook. 5.17 Following the final cut the hedgerow roots will be removed under supervision of a suitably qualified ecologist. Any reptiles found will be removed to retained habitats. 5.18 In order to prevent any accidental encroachment of adjacent works into retained areas of suitable reptile habitat along Loach Brook, sturdy fencing such as Heras will be erected prior to the commencement of works. Fencing will be maintained throughout the construction phase. No material storage will be permitted within the fenced area. 5.19 The site manager and other relevant staff undertaking construction work will be briefed on the possible presence of grass snake and slow worm in the area. Staff will be provided with information relating to the legislation and briefed on the procedures to be implemented in the event that reptiles are found within the working area. The latter will include the capture and safe removal of any individuals present within the working area and their transfer to retained habitats. This will be undertaken by nominated site personnel, briefed in the procedure. Enhancement 5.20 The proposals include areas of retained and / or newly created habitat that will be managed to achieve conservation benefits for the existing reptile populations, along with other species. The management of the retained habitats and other areas of created habitats will be specifically designed to improve both the botanical and structural diversity of vegetation in order to benefit reptiles. 5.21 Enhancements for reptiles will improve the overall value and will include: The creation of several hibernacula and log piles to provide increased refuge availability; Creation of new water bodies which would provide an additional foraging resource for grass snake, should they be present Long term management to ensure the site continues to provide suitable habitat for reptiles Monitoring of the population for three years following completion of the development; recording of numbers and age-classes of reptiles associated with 20 tins located within the receptor site on three suitable occasions per year. 8