a103741 tal y fedw llantrisant - ecological appraisal issue...the site was appraised for its...

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Tal-y-Fedw, Llantrisant

Ecological Appraisal

The Trustees of the D Norman Jenkins Settlement

July 2017

5th Floor, Longcross Court, 47 Newport Road, Cardiff, CF24 0AD

Tel: 02920 829 200

Email: [email protected]

Tal-y-Fedw, Llantrisant: Ecological Appraisal

The Trustees of the D. N. Jenkins Settlement i July 2017

A103741

Document Control

Project: Tal-y-Fedw

Client: The Trustees of the D Norman Jenkins Settlement

Job Number: A103741

File Origin: I:\Projects\Projects A103000\A103741 Tal y Fedw,

Llantrisant\REPORTS

Issue 1 JuLY 2017 ISSUE

Prepared by:

Elliott Hughes GradCIEEM

Project Ecologist

Checked By:

Emmanuelle Amiral GradCIEEM

Consultant Ecologist

Verified By:

Chris Meddins MCIEEM

Associate Ecologist

Rev: Date: Updated by: Verified by: Description of changes:

WYG Environment Planning Transport Ltd. accept no responsibility or liability for the use which is made of this

document other than by the Client for the purpose for which it was originally commissioned and prepared.


The Trustees of the D. N. Jenkins Settlement ii July 2017

A103741

Contents

Executive Summary .............................................................................................................. 1

Glossary ................................................................................................................................ 2

1.0 Introduction ............................................................................................................... 3

1.1 Background ........................................................................................................................ 3

1.2 Site Location ....................................................................................................................... 3

1.3 Development Proposals ....................................................................................................... 3

1.4 Purpose of the Report ......................................................................................................... 3

2.0 Methodology ............................................................................................................... 4

2.1 Desk Study ......................................................................................................................... 4

2.2 Field Surveys ...................................................................................................................... 4

2.3 Limitations .......................................................................................................................... 7

3.0 Baseline Conditions .................................................................................................... 8

3.1 Designated Sites ................................................................................................................. 8

3.2 Habitats ............................................................................................................................. 8

3.3 Protected & Notable Species .............................................................................................. 13

3.4 Importance of Receptors ................................................................................................... 16

4.0 Relevant Planning Policy & Legislation .................................................................... 18

4.1 National Planning Policy Framework ................................................................................... 18

4.2 Environment (Wales) Act ................................................................................................... 19

4.3 Local Biodiversity Action Plan ............................................................................................. 19

4.4 Local Plan ......................................................................................................................... 20

4.5 Legislation ........................................................................................................................ 21

5.0 Discussion ................................................................................................................. 22

5.1 Designated Sites ............................................................................................................... 22

5.2 Impacted Habitats and Protects/Notable Species ................................................................. 22

5.3 Impacted Protected & Notable Species ............................................................................... 23

6.0 Summary & Recommendations ................................................................................ 27

6.1 Designated Sites ............................................................................................................... 27

6.2 Habitats ........................................................................................................................... 27

6.3 Protected & Notable Species .............................................................................................. 27

7.0 References ................................................................................................................ 28

FIGURES

Figure 1 – Phase 1 Habitat Plan

Appendix A – Wildlife Legislation

Appendix B – Desk Study Data

Appendix C – Wildlife Boxes


The Trustees of the D. N. Jenkins Settlement 1 July 2017 A103741

Executive Summary

Contents Summary

Site Location The site is located within an area of land at Tal-y-Fedw Farm to the north

of Llantrisant Business Park, Llantrisant, Rhondda Cynon Taf (Ordnance Survey National Grid Reference: ST04534 85266).

The site measures approximately 3 ha and comprises cattle grazed

improved pasture, semi-improved neutral grassland, marshy grassland adjacent to Nant Castellau and boundary habitats with a narrow access to

the south.

Proposals The report is submitted in support of an application (under section 73 of

the Act) to vary/delete conditions imposed on planning permission no. 14/0284/15 dated 11th June 2014 for employment development.

Existing Site Information

An ecological assessment of the site dated August 2007 was carried out by David Clements Ecology Ltd.

Scope of this Survey(s)

WYG was commissioned by The Trustees of the D Norman Jenkins Settlement in June 2017 to undertake an Ecological Appraisal of the site.

The survey involved an extended Phase 1 survey of the site to record habitat types and dominant vegetation, including any invasive species, and

a reconnaissance survey for evidence of protected fauna or habitats capable of supporting such species.

Results The development will result in the loss of improved grassland, bare ground, tall ruderal, earth/rubble piles and 6m of semi-mature tree line.

No significant impacts are predicted on any designated site or protected or

notable habitat/ species as a result of the development.

Recommendations Further surveys to inform the ecological assessment include further bat activity surveys including one survey per season in Spring, Summer and

Autumn.

Additional recommendations to reduce impacts on important habitats and species are detailed in line with the previous planning application

conditions. Further measures are summarised below:

• Habitat manipulation and supervised destructive searches should be

carried out to prevent impacts on reptiles, dormice and breeding

birds; • An update badger survey should be completed a maximum of two

months before the commencement of development;

• A minimum of four bird boxes should be installed in trees along the

western and northern boundaries.



Glossary

Badger Act Protection of Badgers Act 1994

BCT Bat Conservation Trust

BoCC Bird(s) of Conservation Concern

BTO British Trust for Ornithology

CIEEM Chartered Institute of Ecology & Environmental Management

CRoW Act Countryside and Rights of Way Act 2000

EcIA Ecological Impact Assessment

ECoW Ecological Clerk of Works

EIA Environmental Impact Assessment

EMP Ecological Management Plan

EPS European Protected Species

EPSL European Protected Species Licence

GCN Great crested newt

Habitat Regulations Conservation of Habitats and Species Regulations 2010 (as amended)

HAP Habitat Action Plan

HPI Habitat(s) of Principal Importance

HRA Habitats Regulations Assessment

JNCC Join Nature Conservancy Council

LERC Local Ecological Record Centre

LBAP Local Biodiversity Action Plan

LNR Local Nature Reserve

LPA Local Planning Authority

LWS Local Wildlife Site

MCIEEM Member of Chartered Institute of Ecology & Environmental Management

Natura 2000 site A European site designated for its nature conservation value

NE Natural England

NERC Act Natural Environment and Rural Communities Act 2006

NNR National Nature Reserve

NPPF National Planning Policy Framework

NRW Natural Resources Wales

PEA Preliminary Ecological Appraisal

RSPB Royal Society for the Protection of Birds

SAC Special Area of Conservation

SAP Species Action Plan

SINC Site of Importance for Nature Conservation

SNCO Statutory Nature Conservation Organisations

SPA Special Protection Area

SPI Species of Principal Importance

SQA Suitably Qualified Ecologist

SSSI Site(s) of Special Scientific Interest

W&CA Wildlife & Countryside Act 1981



1.0 Introduction

1.1 Background

WYG was commissioned by The Trustees of the D Norman Jenkins Settlement in June 2017 to

undertake an Ecological Appraisal of the site known as Tal-y-Fedw, Llantrisant.

This report has been prepared by Project Ecologist, Elliott Hughes (BSc) GradCIEEM.

1.2 Site Location

The site is located to the north of Llantrisant Business Park, Llantrisant, Rhondda Cynon Taf

(Ordnance Survey National Grid Reference ST 04534 85266) and measures approximately 3 ha.

The survey area, hereafter referred to as the ‘site’, is shown on Figure 1 and comprises a large cattle

grazed field with broadleaved woodland, hedgerows, scrub and a stream along the field boundaries

and a narrow access to the south. The surrounding landscape comprises Llantrisant Business Park to

the south and a mixture of woodland and pasture to the north, east and west.

1.3 Development Proposals

The report is submitted in support of an application (under section 73 of the Act) to vary/delete

conditions imposed on planning permission no. 14/0284/15 dated 11 June 2014 for employment

development: application no. 17/0582/15. The proposals include business units and associated

infrastructure.

All boundary features (with the exception of a punch through for access in the south-west of the

site), semi-improved grassland and marshy grassland will be retained as part of the development.

1.4 Purpose of the Report

The objectives of this is assessment are to carry-out:

• A desk study to obtain existing information on statutory and non-statutory sites of nature

conservation interest and relevant records of protected/notable species within the site and its

zone of influence;

• A preliminary ecological appraisal involving a walkover of the site to record habitat types and

dominant vegetation, including any invasive species, and a reconnaissance survey for

evidence of protected fauna or habitats capable of supporting such species;

• An assessment of the potential ecological receptors present on site, any constraints they pose

to future development and any recommendations for any further surveys, avoidance,

mitigation or enhancement measures that are needed (as appropriate).

Note that, where possible, common names for flora and fauna have been used throughout this report

for ease of reading.



2.0 Methodology

2.1 Desk Study

2.1.1 Previous Reports

An ecological assessment, including a single bat activity survey, were undertaken by David Clements

Ecology in 2007 to support the previous planning application. This report has been reviewed for

relevant information.

2.1.2 Local Ecological Records Centre

Information was requested from the South East Wales Biodiversity Records Centre LERC for

information on any nature conservation designations and protected or notable species records within

2 km of the site.

The data search covers:

• Statutory designated sites for nature conservation, namely SACs, SPAs, Ramsar sites, SSSIs,

NNRs and LNRs;

• Non-statutory designated sites for nature conservation, namely SINCs;

• Legally protected species, such as great crested newts, bats and badger;

• Notable habitats and species, such as those listed as Habitats or Species of Principal

Importance; and,

• Priority habitats or species within the Rhondda Cynon Taf LBAP.

The data search did not cover:

• Tree Preservation Orders (TPOs); or

• Conservation Areas designated for their special architectural and historic interest.

2.1.3 Online Resources

A search for relevant information within 2km was also made by WYG on the following websites:

• MAGIC www.magic.gov.uk - DEFRA’s interactive, web-based database for statutory

designations

2.2 Field Surveys

The following methodologies have been used to identify the ecological receptors present on or near

the site, which are relevant to the proposed development.

2.2.1 Habitats

An Ecological Appraisal survey was undertaken on the site on 21st June 2017 by WYG Project

Ecologist Elliott Hughes. The weather conditions were dry and calm.

The vegetation and broad habitat types within the site were noted during the survey in accordance

with the categories specified for a Phase 1 Vegetation and Habitat Survey (Joint Nature Conservation

Committee, 2010). Dominant plant species were recorded for each habitat present using



nomenclature according to Stace (2010). The site was also appraised for its suitability to support

notable flora, with regard to the CIEEM Guidelines for Preliminary Ecological Appraisal (2013).

2.2.2 Protected & Notable Species

The site was inspected for evidence of, and its potential to support, protected or notable species,

especially those listed under the Schedule 2 of the Habitat Regulations, Schedule 5 of the W&CA, the

CRoW Act, those given extra protection under the Biodiversity (Wales) Act, and species included in

the RCT LBAP.

Great Crested Newt

The site was appraised for its suitability to support GCN. The assessment was based on Guidance

outlined in the Joint Nature Conservation Committees’ published Herpetofauna Workers’ Manual (Gent

& Gibson, 2003) and the Great Crested Newt Conservation Handbook (Langton, Becket & Foster,

2001).

Bats

Roosting bats – trees

Any suitable trees on site were assessed from the ground for their suitability to support breeding,

resting and hibernating bats using survey methods based on the BCT Bat Surveys for Professional

Ecologists: Good Practice Guidelines (3rd ed, 2016) – hereafter referred to as the ‘BCT Guidelines’.

The following system has therefore been used to categorise the bat roost suitability of any features

found:

Table 1 Categories of Bat Roost Suitability (BCT Guidelines)

Suitability Description of Roosting Habitats

Negligible Negligible habitat feature on site likely to be used by roosting bats.

Low A tree of sufficient size and age to contain potential roost features but with none seen from the ground or features seen with only very limited roosting potential.

Moderate A tree with one or more potential roost sites that could be used by bats due to their

size, shelter, protection, conditions and surrounding habitat but unlikely to support a roost of high conservation status (with respect to roost type only – the assessments

in this table are made irrespective of species conservation status, which is

established after presence is confirmed).

High A tree with one or more potential roost sites that are obviously suitable for use by

larger numbers of bats on a more regular basis & potentially for longer periods of

time due to their size, shelter, protection, conditions & surrounding habitat.

Foraging/commuting bats

The BCT Guidelines use the following criteria to categorise the potential value of habitats and features

for use by foraging and commuting bats and these have been used to characterise the value of this

site:



Table 2 Categories of Habitat Suitability (BCT Guidelines)

Suitability Description of Roosting Habitats

Negligible Negligible habitat features on site likely to be used by commuting or foraging bats.

Low Habitat that could be used by small numbers of commuting bats such as a gappy

hedgerow or unvegetated stream, but isolated, i.e. not very well connected to the

surrounding landscape by other habitat.

Suitable, but isolated habitat that could be used by small numbers of foraging bats

such as a lone tree (not in a parkland situation) or a patch of scrub.

Moderate Continuous habitat connected to the wider landscape that could be used by bats for commuting such as lines of trees and scrub or linked back gardens.

Habitat that is connected to the wider landscape that could be used by bats for foraging such as trees, scrub, grassland or water.

High Continuous high-quality habitat that is well connected to the wider landscape that is

likely to be used regularly by commuting bats such as river valleys, streams, hedgerows, lines of trees and woodland edge.

High-quality habitat that is well connected to the wider landscape that is likely to be used regularly by foraging bats such as broadleaved woodland, tree-lined

watercourses and grazed parkland.

Site is close to and connected to known roosts.

Reptiles

The site was appraised for its suitability to support reptiles. The assessment was based on guidance

outlined in the Joint Nature Conservation Committees’ published Herpetofauna Workers’ Manual (Gent

& Gibson, 2003).

Badgers

The site was surveyed for evidence of badger setts or other badger activity such as paths, latrines or

signs of foraging. Methodologies used and any setts recorded were classified according to published

criteria (Harris, Cresswell & Jefferies, 1989).

Hazel Dormice

The site was surveyed for its suitability to support hazel dormice. The assessment was based on

guidance outlined in Bright et al. (2006).

Other Species

The site was also appraised for its suitability to support other protected or notable fauna including

mammals, amphibians, birds and invertebrates with regard to CIEEM’s Guidelines for Preliminary

Ecological Appraisal (2013) and BS42020:2013 Biodiversity – Code of Practice for Planning and

Development. Evidence of any current or historical presence of such species was recorded.

2.2.3 Invasive Species

The site was searched for evidence of invasive plant species, such as Japanese knotweed, Himalayan

balsam, giant hogweed, wall cotoneaster and rhododendron – however see Appendix A for a full list.



2.3 Limitations

The optimal period to undertake an Ecological Appraisal survey is April-September. The survey was

completed in June which is inside the optimal survey window. As such this is not considered to be a

limitation to the accurate assessment of the habitats and the dominant species of the respective

vegetation types were visible and identifiable.

To determine presence or likely absence of protected species usually requires multiple visits at

suitable times of the year. As a result, this survey focuses on assessing the potential of the site to

support species of note, which are considered to be of principal importance for the conservation of

biodiversity with reference to those given protection under UK or European wildlife legislation. This

report cannot therefore be considered a comprehensive assessment of the ecological interest of the

site. However, it does provide an assessment of the ecological interest present on the day the site

was visited and highlights areas where further survey work may be recommended.

The details of this report will remain valid for a period of two years from the date of the survey,

after which the validity of this assessment should be reviewed to determine whether further updates

are necessary. Note that the recommendations within this report should be reviewed (and reassessed

if necessary) should there be are any changes to the red line boundary or development proposals

which this report was based on.



3.0 Baseline Conditions

3.1 Designated Sites

The following designated sites of nature conservation importance have been identified within 2km of

the site.

Table 3 Designated Sites within 2km

Designation Site Name Distance &

Direction Summary of features

SINC Rhiwfelen Fawr/

Nant Muchudd

Adjacent

(northern and

western boundaries)

Ancient woodland and associated

stream. The Nant Castellau stream is a

feeder of the Nant Muchadd, a tributary of the River Ely, which is known to

support salmon, brown trout, otter, dipper, and grey wagtail.

SSSI Llantrisant Common

and Pastures

200m ESE Extensive acidic marshy grassland in a

lowland setting, as well as for smaller areas of species-rich neutral grassland,

dry acidic grassland and flush. Supports populations of two rare plants: Cornish

moneywort Sibthorpia europaea and a liverwort known as bog earwort Scapania paludicola

Wildlife Trust Reserve

Y Gweria Pasture

520m ESE Forms part of Llantrisant Common and

Pastures SSSI. Comprises Marshy

grassland and lowland wet heathland.

SSSI Rhos Tonyrefail 870m W Acidic marshy grassland supporting devil’s bit scabious Succisa pratensis and marsh fritillary Euphydryas aurinia.

In additional to the above designations, the nearest Natura 2000 site is Cardiff Beech Woods SAC,

which lies approximately 7km east of the site.

3.2 Habitats

The following habitats have been identified through our assessment:

3.2.1 Improved Grassland

The majority of the site comprises improved pasture grassland which is cattle grazed. Species present

include perennial rye-grass (dominant), Yorkshire fog, common bent, cock’s-foot, meadow foxtail,

white clover (dominant), meadow buttercup, creeping buttercup, ribwort plantain, spear thistle, herb

Robert, dandelion and common nettle. Small patches of bare ground exist within this habitat where

the cattle often gather (around feeding stations and tree cover along the southern boundary.)



Photograph 1 Improved pasture west to east viewing direction

3.2.2 Semi-improved Grassland

Semi-improved neutral grassland is present in the north of the site where the field slopes down to

Nant Castellau (stream). The habitat is interspersed with areas of marshy grassland where rushes and

sedges are dominant. Species present within the semi-improved grassland are similar to those found

within the improved grassland, however perennial rye-grass and white clover are significantly less

dominant. Additional species include silverweed, yarrow, sweet vernal-grass, broadleaved dock and

common knapweed.

Photograph 2 Semi-improved grassland along Nant Castellau, west to east viewing

direction



3.2.3 Marshy grassland

Marshy grassland habitat is present across the low-land along the northern boundary of the site. The

habitat lies at the bottom of the slope close to Nant Castellau and shows signs of cattle poaching.

Species present include soft rush (dominant), glaucous sedge, marsh thistle, cuckoo flower, common

sorrel and broadleaved dock.

Photograph 3 Marshy grassland along Nant Castellau

3.2.4 Broad-leaved Woodland and Scattered Trees

Broad-leaved woodland and scattered trees are present along the western and northern boundaries

of the site. The most frequent tree species are mature pedunculate oak and ash with additional tree

species including silver birch (mostly mature), elder (semi-mature), hazel (semi-mature), common

alder (semi-mature), sycamore (mostly mature) and holly.

Photograph 4 Broadleaved woodland along the western boundary



3.2.5 Bare ground

Bare ground is present along the proposed access corridor in the south west of the site and along the

eastern boundary of the site in the form of a vehicle track connecting two gates.

Photograph 5 Bare ground along the proposed access corridor in the south west

3.2.6 Scrub

Scrub is present along the site boundaries, primarily associated with the woodland edge. Species

present include bramble, goat willow, grey willow, hazel, holly and hawthorn with associated common

nettle and cleavers.

Photograph 6 Scrub habitat in the north west of the site



3.2.7 Tall Ruderal

Areas of tall ruderal are present on site associated with bare ground habitat. Species present include

common nettle, spear thistle and creeping thistle.

Photograph 7 Tall ruderal and cattle in the south east corner of the site

3.2.8 Earth/Rubble pile

The building yard for Tom Pritchard Contacting lies immediately to the south of the site and to the

east of the proposed access corridor. Some earth and rubble piles are present within the site

boundary where Tom Pritchard Contracting has stored soil, bricks, stone and other building

materials/waste.

3.2.9 Line of broadleaved trees

A line of trees is present along the southern and eastern boundaries of the site. Previous surveys

indicate that these field boundaries were hedgerows, however these have become overgrown and

unmanaged and have reverted to a line of trees. Species include hazel, blackthorn, holly, hawthorn,

ash and elder. Bluebells, foxglove, common nettle, red campion, lesser celandine and pansies are

present in the understorey.

3.2.10 Line of conifers

A line of Lawson’s cypress trees are present along the western boundary of the proposed access

route, bordering Llantrisant Business Park.

3.2.11 Himalayan balsam (offsite)

Himalayan balsam is present approximately 10m west of the western boundary, the stands are up to

1.5m in height and are on a downward slope.



Photograph 8 Himalayan balsam (offsite to the west)

3.3 Protected & Notable Species

3.3.1 Great Crested Newts

The SEWBReC desk study found no great crested newts to be present within 2km of the site.

There are no standing waterbodies on site with the nearest standing waterbody located 375m to the

north close to Llwynau Farm. Intervening habitat to the pond comprises improved pasture,

hedgerows, broadleaved woodland and Nant Castellau (which is considered too fast flowing to

support breeding amphibians).

Suitable terrestrial habitat for GCN is present within the site in the form of the broadleaved woodland,

marshy grassland and boundary vegetation however the majority of the site consists grazed improved

grassland which offers limited structure and cover for the species.

Based on the lack of suitable waterbodies within 250m the site and the limited amount of terrestrial

habitat the site is assessed as having low potential for GCN.

3.3.2 Bats

The SEWBReC desk study found records of brown long-eared, common pipistrelle, noctule, soprano

pipistrelle and a Myotis sp. within 2km of the site.

Table 4 Bat records within 2km of the site (SEWBReC)

Species Number of records

Distance and direction of closest record Most recent record

Brown long-

eared

4 77m East (Roost Tal-y-Fedw Farm Building) 2016

Common

pipistrelle




Species Number

of records

Distance and direction of closest record Most recent

record

Noctule 1 1636m South 2013

Soprano

pipistrelle


Unidentified bat species

5 306m South 2016

Unidentified

Myotis species 1 77m East (Foraging not roosting) 2008

The previous bat activity survey conducted in August 2007 by David Clements Ecology recorded very

small numbers of common pipistrelle and a few Myotis bats with the majority of foraging activity was

concentrated in the woodland along the Nant Castellau. No bats were recorded from any trees within

the site.

Roosting bats

The site supports approximately twenty mature oak and ash trees along the field boundaries that

have features which could offer some potential for roosting bats. The trees were assessed as having

either moderate or low suitability based on the BCT guidelines.

Foraging and commuting bats

The boundary habitats on site (woodland edge, lines of trees and Nant Castellau) are likely to provide

ideal commuting habitat for bats. In addition the scrub along the woodland edge, semi-improved

grassland, marshy grassland and Nant Castellau are likely to support a good population of

invertebrates and therefore provide a good foraging resource for bats. The improved grassland is

likely to be of less importance as a foraging resource (low suitability), however as it is cattle grazed

invertebrates may be supported in higher numbers where there are high concentrations of dung. The

site is considered to have moderate suitability for foraging and commuting bats.

Bats are considered to represent a potential constraint to the proposed development and further

surveys, as well as potentially appropriate avoidance and mitigation measures are outlined in Section

5.3.

3.3.3 Reptiles

The SEWBReC desk study found records of adder, common lizard, grass snake and slow-worm within

2km of the site.

Table 5 Reptile records within 2km of the site (SEWBReC)

Species Number of records

Distance and direction of closest record Most recent record

Adder 7 659m South East 2016

Common lizard 13 599m South East 2016

Grass snake 5 444m South East 2016

Slow-worm 2 570m South East 2011



The areas of improved grassland covering the majority of the site are considered to be largely

unsuitable for reptiles as they lack suitable structure and cover, however the areas of marshy

grassland, semi-improved grassland, scrub and boundary habitats are all considered to offer suitable

habitat for common reptiles species such as common lizard and slow-worm. In addition there is

potential for grass snakes to be present in the grassland, scrub and woodland habitats adjacent to

the Nant Castellau. Earth and rubble piles recorded within the site provide opportunities for

hibernation sites within the access corridors to the south west of the site, however these appear to be

regularly disturbed. Therefore the site is assessed as having moderate potential for reptiles.

Reptiles are considered to represent a potential constraint to the proposed development and

appropriate avoidance and mitigation measures are outlined in Section 5.3.

3.3.4 Badger

The SEWBReC desk study found three records of badger within 2km of the site.

Table 4 Records of badger within 2km of the site (SEWBReC)

Type of

record

Distance and direction of closest record Most recent

record

Sett 1476m 1972

Sett 1476m 1972

Scat 1720m 2016

The ecological assessment conducted by David Clements Ecology in 2007 states “A number of

possible setts were recorded in the hedgerow adjacent to the south-eastern part of the site, although

all were either heavily cob-webbed or blocked with dense bramble cover, and did not appear to have

been in recent use.” It is likely that these setts were closed when the land to the south of the site

was cleared during the construction of Tom Pritchard’s building yard.

No evidence of badger setts were recorded within the site or within 50m of the site boundary during

the survey. Mammal pathways were recorded within and around the site which could be attributed to

badger. The site provides suitable foraging habitat for badgers through the presence of woodland,

scrub, and grassland. The site is considered to have low-moderate potential for badger.

Badgers are considered to represent a potential constraint to the proposed development and


3.3.5 Hazel Dormice

The data search returned no records of hazel dormice within 2km and a nut search during David

Clements’ ecological assessment survey in 2007 also found no evidence of dormice.

The line of trees and woodland edge along the site boundary provide suitable habitat for dormice and

have good connectivity to the wider landscape. Therefore it is considered that the site has moderate

potential for dormice.



3.3.6 Otter & Water Vole

SEWBReC returned one record of otter 2km south of the site (Nant Cymdda-bach), however the

citation for the adjacent Rhiwfelen Fawr/ Nant Muchudd SINC suggests that otter are present in the

area. No records of water vole were found within 2km of the site.

No evidence of otter or water vole was recorded from the Nant Castellau watercourse adjacent to the

site during the survey. However it is considered possible otter occasionally commute along the

watercourse. The site is assessed as having moderate potential for supporting otter and low potential

for supporting water vole (due to lack of emergent vegetation).

Otters are considered to represent a potential constraint to the proposed development and


3.3.7 Birds

SEWBReC returned no records of protected or notable birds on or adjacent to the site although a

dipper was recorded feeding along Nant Castellau during David Clement’s Ecological Assessment in

2007.

The boundary tree and scrub habitats provide suitable nesting sites for a wide range of common

birds and the marshy grassland has potential to support a low number of ground nesting birds. The

site is assessed as having moderate potential for supporting breeding birds.

Breeding birds are considered to represent a potential constraint to the proposed development and


3.3.8 Invertebrates

SEWBReC returned a number of records of rare and protected butterflies such as marsh fritillary

within 2km of the site, the majority of these were associated with Llantrisant Common located 200m

to the south east of the site.

The marshy grassland and semi-improved grassland is likely to provide the most suitable habitat on

site for invertebrates with several small tortoiseshell butterflies recorded on site. The site is not

considered likely to support march fritillary due to lack of its foodplant devil’s-bit scabious. The site is

considered to have low to moderate potential for invertebrates.

3.3.9 Invasive species

No invasive or otherwise notable non-native species were found within the site boundary, however a

stand of Himalayan balsam was recorded just offsite.

3.4 Importance of Receptors

In line with the CIEEM PEA Guidelines, and based on the above baseline information, each ecological

receptor recorded on site is considered to have the following importance, as defined within the CIEEM

EcIA Guidelines (2016):



Table 5 Importance of Receptors

Feature Importance Rationale

Cardiff Beech Woods SAC International An internationally designated site for its habitats.

Llantrisant Common and

Pastures SSSI

National A nationally designated site for its habitats.

Rhos Tonyrefail SSSI National A nationally designated site for its habitats and associated invertebrates.

Rhiwfelen Fawr/ Nant

Muchudd SINC

County Wildlife site designated at a county level (Rhondda

Cynon Taf), including Nant Castellau.

Y Gweria Pasture

Wildlife Trust Reserve

County Wildlife site designated at a county level.

Habitats within the site except broadleaved

woodland and marshy

grassland

Site Improved grassland, semi-improved grassland, bare ground, scrub, tall ruderal are all of low

intrinsic value or of limited extent.

Broadleaved woodland Local ‘Lowland mixed deciduous woodland’ are a NERC

2006 habitat of principal importance for conservation of biodiversity in Wales.

Marshy grassland Local Species rich habitat offering potential for a number

of faunal species.

GCN Site No suitable waterbodies on site but potential terrestrial habitat to the site boundaries.

Bats Unknown Moderate value habitats for foraging/commuting bats and potential roost features in trees. Further

activity surveys required.

Reptiles Site May be present in the local area but unlikely to be present onsite in significant numbers.

Badger Site No setts recorded although mammal pathways

were recorded. Habitats provide foraging potential.

Hazel dormice Site May be present in the local area, but unlikely to be

present onsite in significant numbers.

Otter & water vole Site No evidence recorded however otter may use adjacent watercourse for occasional commuting.

Birds Site Potential nesting habitat for common species in

boundary vegetation.

Invertebrates Site Potential habitat present onsite but not likely to be present in significant numbers.

The potential for the proposals to have adverse or beneficial impacts on these features, along with

the need for any mitigation or enhancement measures are discussed in detail below.



4.0 Relevant Planning Policy & Legislation

4.1 National Planning Policy Framework

Planning Policy Wales (PPW) sets out the Welsh Government’s national planning policies in Wales,

and is supported by a series of Technical Advice Notes (TAN’s).

Paragraph 5.1.2 set out the Welsh Government’s objectives for the conservation and improvement of

the natural heritage are to:

• promote the conservation of landscape and biodiversity, in particular the conservation of native

wildlife and habitats;

• ensure that action in Wales contributes to meeting international responsibilities and obligations

for the natural environment;

• ensure that statutorily designated sites are properly protected and managed;

• safeguard protected species, and to

• promote the functions and benefits of soils, and in particular their function as a carbon store.

Paragraphs 5.1.3 states that a key role of the planning system is to ensure that society’s land

requirements are met in ways which do not impose unnecessary constraints on development whilst

ensuring that all reasonable steps are taken to safeguard or enhance the environment. In addition

paragraphs 5.3.8– 10 of PPW state the planning system should ensure that the UK’s international and

national obligations for site, species and habitat protection are fully met in all planning decisions.

Technical Advice Note 5: Nature Conservation and Planning (TAN 5) provides advice on how the land

use planning system should contribute to protecting and enhancing biodiversity and geological

conservation.

Paragraph 4.6 of TAN 5 states that Local Planning Authorities should use planning conditions to avoid

adverse impacts or remove the likelihood of adverse impacts occurring, reduce adverse impacts that

may occur, compensate for losses or impacts that could not be avoided or mitigated, and enhance

aspects of the natural heritage and its enjoyment. All conditions should be necessary, relevant to

planning, relevant to the development permitted, enforceable, precise and reasonable.

Paragraph 5.1.6 of TAN 5 states that Local Planning Authorities, along with other public bodies, have

a duty to take reasonable steps, consistent with the proper exercise of their functions, to further the

conservation and enhancement of the features by reason of which international sites are of special

scientific interest.

In addition Circular Letter CL-05-04 reaffirms the Welsh Governments commitment to ensuring that

designated sites and species of nature conservation importance are protected from damage and

deterioration, with their important features conserved by appropriate management. The letter seeks

to remind planning authorities of the requirements of the Conservation of Habitats and Species

Regulations 2010 (as amended) when considering development proposals through the planning

system.



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.

4.2 Environment (Wales) Act

As part of Welsh Government’s commitment to reversing the decline in biodiversity in Wales and

increasing the resilience of its ecosystems, the Environment (Wales) Act introduces a new biodiversity

duty, which highlights biodiversity as an essential component of ecosystem resilience.

Section 6 of the Act places a duty on public authorities to ‘seek to maintain and enhance biodiversity’

so far as it is consistent with the proper exercise of those functions. In so doing, public authorities

must also seek to ‘promote the resilience of ecosystems’. The duty replaces the section 40 duty in the

Natural Environment and Rural Communities Act 2006 (NERC Act 2006), in relation to Wales, and

applies to those authorities that fell within the previous duty.

Section 7 replaces the duty in section 42 of the NERC Act 2006. The Welsh Ministers will publish,

review and revise lists of living organisms and types of habitat in Wales, which they consider are of

key significance to sustain and improve biodiversity in relation to Wales. In producing the list or

taking any measures to improve the listed organisms and habitats, the Welsh Ministers must apply

the principles of sustainable management of natural resources. Therefore, they must consider any

appropriate evidence, for example as provided in the State of Natural Resources Report, and also

engage with any relevant stakeholders, including pertinent public authorities. Certain public

authorities will also be required to consider the section 7 list, in complying with the new biodiversity

duty under section 6 of the Act. The list is important in assisting public bodies to identify potential

issues that they may wish to address in meeting their well-being objectives, in addition to

contributing to the well-being goal ‘a resilient Wales’ (Goal 2).

In the absence of a revised list, the section 42 NERC Act list is still relevant: the S42 list includes 56

habitats of principal importance and over 500 species of principal importance.

4.3 Local Biodiversity Action Plan

Local Biodiversity Action Plans (LBAPs) identify habitat and species conservation priorities at a local

level (typically County by County) and are usually drawn up by a consortium of local government

organisations and conservation charities. Although no-longer accountable at a national level many are

still managed and implemented at a local level.

The Rhondda Cynon Taf LBAP is the relevant document for this site and it contains the following

Habitat & Species Action Plans:

Species Action Plans (SAP)

• Lower Plants: Lichens, Mosses, Liverworts, Ferns

• Vascular Plants: Deptford pink, Monk’s-hood, Cornish moneywort, Ivy-leaved bellflower,

Black knapweed, Bluebell, Heath spotted-orchid, Green-winged orchid

• Worms and insects: Medicinal leech, Southern damselfly, Silver-studded blue, Small pearl-

bordered fritillary, Pearl-bordered fritillary, High brown fritillary, Marsh fritillary, Grayling,



Narrow-bordered bee hawk-moth, Double line moth, Hornet robber-fly, Brown-banded carder

bee

• Fish: Twaite shad, Salmon, Brown trout

• Amphibians: Great crested newt

• Reptiles: Adder, Common lizard, Grass snake, Slow-worm

• Birds: Heron, Buzzard, Peregrine, Grey partridge, Lapwing, Barn owl, Nightjar, Swift,

Kingfisher, Skylark, House martin, Dipper, Spotted flycatcher, Whinchat, Stonechat, Ring

ouzel, Song thrush, Tree sparrow, Bullfinch, Linnet, Reed bunting

• Mammals: Hedgehog, Pipistrelle bat/ all bats, Brown hare, Red squirrel, Dormouse, Water

vole, Otter, Badger

Habitat Action Plans (HAP)

• Upland oakwood

• Lowland beech and yew woods

• Upland ash woodland

• Wet woodland

• Lowland wood pastures and parklands

• Planted coniferous

• Ancient and/or species-rich hedgerow

• Disused railway lines

• Coastal and floodplain grazing marsh

• Lowland meadows

• Calcareous grassland

• Lowland dry acid grassland

• Heathland (upland and lowland)

• Coal spoil

• Ffridd / bracken slopes

• Purple moor grass and rush pasture (Rhos pasture)

• Fens / Swamp

• Reedbeds

• Raised bog and Blanket bog

• Standing open water / Ponds

• Canals

• Rivers and streams

• Crags and scree

• Urban

• Industrial estates

• Road verges

It should be noted that the existence of a SAP or HAP does not always infer an elevated level of

importance for those features. These plans may be designed to encourage an increase in these

habitats/species, rather than to protect a county-scarce feature (for example).

4.4 Local Plan

The Rhondda Cynon Taf Local Development Plan is the relevant local plan for the site. Five of the

aims of the plan which are relevant to the scheme are to:



• Protect the rich diversity and landscape of Rhondda Cynon Taf;

• Manage growth in the more prosperous south of the county by balancing housing and

commercial development with social and environmental considerations;

• Meet the housing and employment needs of a growing population;

• Provide a range of employment sites to meet local need, attract inward investment and assist

in diversifying the employment market;

• Reduce out-commuting by providing a range of employment and commercial opportunities in

accessible locations across Rhondda Cynon Taf.

On the LDP Proposals Map, the site is shown without specific notation and falls within the Llantrisant

settlement boundary. It is not identified as an area with any potential constraints and has the benefit

of outline planning permission for employment development.

4.5 Legislation

Full details of the UK legislation and offences which are relevant to the ecological receptors identified

are included in Appendix A. However, based on the findings of our assessment, it is considered that

the proposals will need to consider the following legal provisions:

• Disturbance or killing of an EPS;

• Killing/injury of a common reptile species;

• Disturbance of nesting wild birds;

• Cause of permit the spread of an invasive species into the wild.



5.0 Discussion


5.1.1 Natura 2000 site

The nearest Natura 2000 site is Cardiff Beech Woods SAC, which lies approximately 7km east of the

site. Due to the distance from the site, it is considered unlikely that the development will have any

negative direct or indirect impacts on the designated features of the site.

5.1.2 Sites of Special Scientific Interest

Llantrisant Common and Pastures SSSI is located approximately 200m to the east-south-east and is

designated for its acidic marshy grassland and rare plant species. Due to the distance from the site,

nature of its designations and the small scale of the proposals (with no potential impacts due to

significant pollution deposition), it is thought unlikely that the development will have any negative

impacts on the designated features of the sites.

5.1.3 Local Wildlife Sites

The site lies adjacent to Rhiwfelen Fawr/ Nant Muchudd SINC. The SINC will not be directly impacted

by the proposals with suitable buffers retained in line with the planning permission conditions as

detailed below:

• No built development or ground alterations below the 80.0 metre contour (planning condition

8);

• A 5m buffer zone shall be provided along any watercourse along the full length of the site.

The buffer zone shall be measured from bank top (planning condition 13);

• There shall be no light spill from external artificial lighting into any watercourse or buffer zone

(planning condition 16).

In addition, in line with planning condition 5, a Wildlife Protection Plan will be submitted prior to the

construction phase to detail all protective measures. In addition to the above measures this is likely

Contractors will be required to work in accordance with Environment Agency Pollution Prevention

Guidelines applicable for working near water, in particular GPPs/PPGs 5, 6 and 8, which cover works

and maintenance in or near water, working at construction and demolition sites, and safe storage and

disposal of used oils respectively.

Based on the inclusion of the above mitigation measures it is thought unlikely that the development

will have any negative impacts on the designated features of the sites.

5.2 Impacted Habitats and Protects/Notable Species

The development proposals will result in the loss of areas of improved grassland, bare ground, tall

ruderal and a 6m section of treeline in the south-east of the site. The habitats to be removed are of

importance at a site level only with retention and protection of all habitats of local importance and

above.



As detailed in Section 5.1.3 suitable buffers to the Nant Castellau will be retained in line with the

planning permission conditions, with additional relevant habitat protection and enhancement detailed

below:

• A 8-10 metre landscaped buffer will be provided along the entire length of the eastern

boundary of the application site (planning condition 23);

• All planting within 5 metres of any watercourse shall be of locally native plant species only

(planning condition 14).

All retained habitats should be managed appropriately to enhance their biodiversity value. In addition

it is recommended trees and hedgerows to be retained within and adjacent to the site should be

protected from direct and indirect impacts in accordance with BS5837: 2012 “Trees in Relation to

Design, Demolition and Construction- Recommendations” (British Standard, 2012). All

recommendations should be included within the Wildlife Protection Plan as relevant.

5.3 Impacted Protected & Notable Species

5.3.1 Great Crested Newts

The development area can be considered to have low potential for GCN based on the lack of records

in the local area, distance to the closest waterbody (nearest pond 375m north of the site) and low

suitability of the main terrestrial habitats to be impacted. Based on this it is considered unlikely GCN

are present within the development area and they are not considered as a constraint to development

with no further surveys or mitigation recommended.

In the unlikely event that GCN are found in the course of the development, all work must cease and

advice must be sought from a SQE.

5.3.2 Bats

Roosting Bats

No trees identified as having above negligible suitability for roosting bats are to be directly impacted

by the development. However several trees along the western and northern boundaries were

assessed as having low and moderate potential for roosting bats based on the BCT guidelines.

To prevent any impacts on roosting bats it is recommended there shall be no light spill from external

artificial lighting onto retained habitats (in line with planning condition 16).

Foraging and Commuting Bats

The majority of the habitat to be impacted by the development is cattle grazed improved pasture

which is likely to offer limited invertebrates for bat foraging.

As the development area has been assessed as having ‘low’ suitability for foraging and commuting

bats, three bat activity surveys, to identify foraging and commuting behaviour, will be conducted on

site during the three active seasons (i.e. Spring, Summer and Autumn). Automated surveys will also

be required with one static bat detector placed onsite for a period of five consecutive nights per

season. The survey focus will give particular attention to the value of the improved grassland to

foraging bats and the value of the small section of treeline to be removed for commuting bats. The



survey methodology will include walking set transects and following appropriate methods outlined in

the Good Practice Guidelines (Collins, 2016).

The buffer zones and landscape buffers specified within the planning conditions (and detailed above)

are likely to provide enhanced foraging and commuting areas for bats and the planting schedule

should include suitable species.

As good practice, measures to minimise impacts on bats potentially foraging/commuting on site

should be implemented through consultation with the lighting designers to reduce impacts with

reference to the BCT ‘Bats and Lighting’ document (2009). The external lighting design should meet a

number of criteria to ensure that the environmental effects of artificial lighting are managed to a high

standard with limited impacts to the boundary habitats and buffer zones (especially to the SINC along

the northern and western boundaries) in line with planning condition 16.

Further recommendations will be made as part of any subsequent bat report.

5.3.3 Reptiles


unsuitable for reptiles as they lack suitable structure and cover, with the areas of marshy grassland,

semi-improved grassland, scrub and boundary habitats which offer suitable habitat for reptiles

retained as part of the development.

Suitable reptile habitat which will need to be removed as part of the proposals comprise 6m of

treeline and the earth/rubble piles in the south west of the site. To prevent injury/ killing of individual

reptiles it is recommended these habitats are cleared through a combination of habitat manipulation

to deter reptiles from the work areas and appropriate destructive search under the supervision of an

Ecological Clerk of Works (ECoW). Any reptiles found during the works will be moved to areas of

suitable retained habitat. All works in these area should be carried out during the reptile active period

(April to early October) to prevent any impacts on hibernating reptiles.

The improved grassland is not considered to be suitable reptile habitat and therefore no ecological

supervision will be required for the soil strip of this habitat. However in the unlikely event that reptiles

are found in these habitats all work must cease and advice must be sought from a SQE.

5.3.4 Badger

No badger setts or other signs of badgers were noted either on site or in the wider area during the

surveys and they are not considered as a constraint to development. However as badgers are highly

mobile a badger survey should be completed not more than two months before the commencement

of development.

5.3.5 Hazel Dormice

No signs of hazel dormice were noted during the surveys, with no known records in the local area,

and they are not considered as a constraint to development and no further surveys are

recommended.

The majority of suitable habitat will be retained, protected and enhanced as part of the development

however suitable dormice habitat which will need to be removed as part of the proposals comprise

6m of treeline in the south west of the site. The removal of this habitat will not cause any significant



fragmentation impacts or effect the favourable conservation status of the species however, in line

with Section 5.3.3 it is recommended these habitats are cleared through a combination of habitat

manipulation and appropriate destructive search under the supervision of an ECoW.

In the unlikely event that hazel dormice are found in the course of the development, all work must

cease and advice must be sought from a SQE.

5.3.6 Otter and Water Vole

No signs of otter or water vole were recorded within the sections of Nant Castellau immediately

adjacent to the site, however it was considered possible otter occasionally use the stream for

commuting.

As detailed in Section 5.1.3 the Nant Castellau corridor will be retained and protected as part of the

development. Subject to the inclusion of these measures no negative impacts on the species are

predicted.

5.3.7 Birds

The majority of the development area comprises cattle grazed pasture offering limited potential for

nesting birds with the majority of breeding bird habitat being retained within the proposals. However

6m of treeline of potential to breeding birds will be removed in the south-west of the site.

Due to the potential presence of reptiles, and in line with Section 5.3.3, it is recommended that the

treeline clearance is undertaken in early spring (i.e. March) or autumn (i.e. September/October) in

the presence of a ECoW who will conduct a check for nesting birds . Once complete, a 48 hour

window will allow for clearance work to be completed should no active nests be identified. If at any

point works cease for more than 48 hours, then an additional check for breeding birds will be

required.

If a nesting bird is identified, the ECoW will advise on suitable working methods and exclusion zones

(generally 5m, but this can often be more for some species) to restrict works and vehicular access on

site. Measures will depend on the nature of the works in that area as well as any bird species

identified to be nesting. Please note that certain bird species can nest outside the bird breeding

season, therefore, should any nests be identified or suspected to be present on site at any time, then

works should stop in that area and an SQE contacted to attend site and provide advice on appropriate

working methods.

The buffer zones and landscape buffers specified within the planning conditions (and detailed above)

are likely to provide enhanced areas for breeding birds and the planting schedule should include

suitable species. To further enhance the site a minimum of four bird boxes should be installed in trees

along the western and northern boundaries. Refer to Appendix C for examples of bird boxes.

5.3.8 Invertebrates


unsuitable for invertebrates, with the areas of marshy grassland, semi-improved grassland, scrub and

boundary habitats which offer suitable habitat retained as part of the development. Based on this it is

considered unlikely significant invertebrates are present within the development area and they are

not considered as a constraint to development with no further surveys or mitigation recommended.



5.3.9 Invasive Species

Himalayan balsam was recorded 10m offsite to the western site boundary. All contractors should be

made aware of the presence of Himalayan Balsam adjacent to the site through an ecological toolbox

talk. Should the Himalayan Balsam spread onto the site this will need to be dealt with in line with best

practice guidance to prevent the further spread of the plant across site.



6.0 Summary & Recommendations


No significant impacts are predicted on any designated site as a result of the development.

• No built development or ground alterations below the 80.0 metre contour (planning condition

8);

• A 5m buffer zone shall be provided along any watercourse along the full length of the site.

The buffer zone shall be measured from bank top (planning condition 13);

• There shall be no light spill from external artificial lighting into any watercourse or buffer zone

(planning condition 16);

• A Wildlife Protection Plan will be submitted prior to the construction phase to detail all

protective measures (planning condition 5);

• All work should be completed in accordance with relevant Environment Agency Pollution

Prevention Guidelines.

6.2 Habitats

The development proposals will result in the loss of areas of habitats of importance at a site level only

with retention and protection of all habitats of local importance and above.

• Suitable buffers are included to the Nant Castellau and surrounding habitats;

• A 8-10 metre landscaped buffer will be provided along the entire length of the eastern

boundary of the application site (planning condition 23);

• All planting within 5 metres of any watercourse shall be of locally native plant species only

(planning condition 14);

• All retained habitats should be managed appropriately to enhance their biodiversity value;

• All retained trees and hedgerows should be protected in accordance with BS5837: 2012.

6.3 Protected & Notable Species

No significant impacts are predicted on any protected or notable species as a result of the

development subject to the inclusion of the recommended mitigation measures.

• Further bat activity surveys should be carried out across the site to assess potential impacts;

• Habitat manipulation and supervised destructive searches should be carried out to prevent

impacts on reptiles, dormice and breeding birds;

• An update badger survey should be completed a maximum of two months before the

commencement of development;

• A minimum of four bird boxes should be installed in trees along the western and northern

boundaries.



7.0 References

• Bright PW, Morris PA and Mitchell-Jones A (2006). Dormouse Conservation Handbook, 2nd

Edition. English Nature, Peterborough.

• Chanin, P. (2003). Monitoring the otter. Conserving Natura 2000, Rivers Monitoring Series No.

10, English Nature, Peterborough, UK.

• Chartered Institute for Ecology and Environmental Management (2013). Guidelines for

Preliminary Ecological Appraisal.

• Collins, J. (ed.) (2016). Bat Surveys for Professional Ecologists: Good Practice Guidelines (3rd

ed). The Bat Conservation Trust, London.

• Communities and Local Government (2012) National Planning Policy Framework.

• David Clements Ecology (2007) Ecological Assessment: Tal-y-Fedw, Llantrisant, Glamorgan.

Unpublished

• English Nature (2011). Badgers and Development. English Nature, Peterborough, UK.

• Gent, T. & Gibson, S. (2003). Herpetofauna Workers’ Manual. JNCC, Peterborough.

• Joint Nature Conservation Committee (2010). 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.

• Oldham R.S., Keeble J., Swan M.J.S & Jeffcote M., (2000). Evaluating the Suitability of

Habitat for the Great Crested Newt (Triturus cristatus). Herpertological Journal 10 (4), 143-

155.

• Stace, C. (2010) New Flora of the British Isles (3rd edition). Cambridge University Press,

Cambridge.

• Strachan, R. & Moorhouse, T. (2006). Water Vole Conservation Handbook (2nd Edn). Wildlife

Conservation Research Unit, Oxford, UK.


The Trustees of the D. N. Jenkins Settlement July 2017 A103741

FIGURES

Figure 1 – Phase 1 Habitat Plan

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The Trustees ofthe D. N.JenkinsSettlement

A103741

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Appendix A – Wildlife Legislation



Bern Convention

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

Directive (1979) and the EC Habitats Directive (1992 – see below). Since the Lisbon Treaty, in force

since 1st December 2009, European legislation has been adopted by the European Union.

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.

In the UK, the requirements of the convention are implemented via the Wildlife & Countryside Act

1981 (as amended), Wildlife (Northern Ireland) Order 1985 (as amended), Nature Conservation and

Amenity Lands (Northern Ireland) Order 1985 and the Countryside and Rights of Way Act 2000

(CRoW).

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 Regulations 2010 (as amended) in England and Wales, and via the Conservation (Natural

Habitats, &c) Regulations (Northern Ireland) 1995 (as amended) in Northern Ireland.

Birds Directive

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.



Conservation of Habitats and Species Regulations 2010 (as amended)

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. Amendments made in 2012 stipulated 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 below:

Schedule 2 – European Protected Species of Animals

Schedule 5 – European Protected Species of Plants

Horseshoe bats Rhinolophidae - all species Shore dock Rumex rupestris

Common bats Vespertilionidae - all species Killarney fern Trichomanes speciosum

Wild cat Felis silvestris Early gentian Gentianella anglica

Dolphins, porpoises and whales Cetacea – all sp. Lady’s-slipper Cypripedium calceolus

Dormouse Muscardinus avellanarius Creeping marshwort Apium repens

Pool frog Rana lessonae Slender naiad Najas flexilis

Sand lizard Lacerta agilis Fen orchid Liparis loeselii

Fisher’s estuarine moth Gortyna borelii lunata Floating-leaved water plantain Luronium natans

Great crested newt Triturus cristatus Yellow marsh saxifrage Saxifraga hirculus

Otter Lutra lutra

Lesser whirlpool ram’s-horn snail Anisus vorticulus

Smooth snake Coronella austriaca

Sturgeon Acipenser sturio

Natterjack toad Epidalea calamita

Marine turtles Caretta caretta, Chelonia mydas,

Lepidochelys kempii, Eretmochelys imbricata,

Dermochelys coriacea

Wildlife & 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.

Or to intentionally do the following to a wild bird listed in Schedule 1:

• disturbs any wild bird while it is building a nest or is in, on or near a nest containing eggs or

young; or

• disturbs dependent young of such a 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; and

• 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;

or

• 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.

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.

Schedule 1 - Birds which are protected by special penalties

Avocet Recurvirostra avosetta Osprey Pandion haliaetus

Bee-eater Merops apiaster Owl, Barn Tyto alba

Bittern Botaurus stellaris Owl, Snowy Nyctea scandiaca

Bittern, Little Ixobrychus minutus Peregrine Falco peregrinus

Bluethroat Luscinia svecica Petrel, Leach’s Oceanodroma leucorhoa

Brambling Fringilla montifringilla Phalarope, Red-necked Phalaropus lobatus

Bunting, Cirl Emberiza cirlus Plover, Kentish Charadrius alexandrinus

Bunting, Lapland Calcarius lapponicus Plover, Little Ringed Charadrius dubius

Bunting, Snow Plectrophenax nivalis Quail, Common Coturnix coturnix

Buzzard, Honey Pernis apivorus Redstart, Black Phoenicurus ochruros

Capercaillie Tetrao urogallus Redwing Turdus iliacus

Chough Pyrrhocorax pyrrhocorax Rosefinch, Scarlet Carpodacus erythrinus

Corncrake Crex crex Ruff Philomachus pugnax

Crake, Spotted Porzana porzana Sandpiper, Green Tringa ochropus

Crossbills (all species) Loxia Sandpiper, Purple Calidris maritima

Curlew, Stone Burhinus oedicnemus Sandpiper, Wood Tringa glareola

Divers (all species) Gavia Scaup Aythya marila

Dotterel Charadrius morinellus Scoter, Common Melanitta nigra

Duck, Long-tailed Clangula hyemalis Scoter, Velvet Melanitta fusca

Eagle, Golden Aquila chrysaetos Serin Serinus serinus

Eagle, White-tailed Haliaetus albicilla Shorelark Eremophila alpestris

Falcon, Gyr Falco rusticolus Shrike, Red-backed Lanius collurio

Fieldfare Turdus pilaris Spoonbill Platalea leucorodia

Firecrest Regulus ignicapillus Stilt, Black-winged Himantopus himantopus

Garganey Anas querquedula Stint, Temminck’s Calidris temminckii

Godwit, Black-tailed Limosa limosa Swan, Bewick’s Cygnus bewickii



Goshawk Accipiter gentilis Swan, Whooper Cygnus cygnus

Grebe, Black-necked Podiceps nigricollis Tern, Black Chlidonias niger

Grebe, Slavonian Podiceps auritus Tern, Little Sterna albifrons

Greenshank Tringa nebularia Tern, Roseate Sterna dougallii

Gull, Little Larus minutus Tit, Bearded Panurus biarmicus

Gull, Mediterranean Larus melanocephalus Tit, Crested Parus cristatus

Harriers (all species) Circus Treecreeper, Short-toed Certhia brachydactyla

Heron, Purple Ardea purpurea Warbler, Cetti’s Cettia cetti

Hobby Falco subbuteo Warbler, Dartford Sylvia undata

Hoopoe Upupa epops Warbler, Marsh Acrocephalus palustris

Kingfisher Alcedo atthis Warbler, Savi’s Locustella luscinioides

Kite, Red Milvus milvus Whimbrel Numenius phaeopus

Merlin Falco columbarius Woodlark Lullula arborea

Oriole, Golden Oriolus oriolus Wryneck Jynx torquilla

Invasive plant species listed in Schedule 9

Australian swamp

stonecrop or New Zealand

pygmyweed

Crassula helmsii Japanese rose Rosa rugosa

Californian red seaweed Pikea californica Japanese seaweed Sargassum muticum

Curly waterweed Lagarosiphon major Laver seaweeds (except

native species)

Porphyra spp

Duck potato Sagittaria latifolia Parrot’s-feather Myriophyllum aquaticum

Entire-leaved cotoneaster Cotoneaster integrifolius Perfoliate alexanders Smyrnium perfoliatum

False Virginia creeper Parthenocissus inserta Pontic rhododendron Rhododendron ponticum

Fanwort or Carolina water-

shield

Cabomba caroliniana Purple dewplant Disphyma crassifolium

Few-flowered garlic Allium paradoxum Red algae Grateloupia luxurians

Floating pennywort Hydrocotyle

ranunculoides

Rhododendron Rhododendron ponticum

× Rhododendron

maximum

Floating water primrose Ludwigia peploides Small-leaved cotoneaster Cotoneaster microphyllus

Giant hogweed Heracleum

mantegazzianum

Three-cornered garlic Allium triquetrum

Giant kelp Macrocystis spp. Variegated yellow

archangel

Lamiastrum galeobdolon

subsp. argentatum

Giant knotweed Fallopia sachalinensis Virginia creeper Parthenocissus quinquefolia

Giant rhubarb Gunnera tinctoria Wakame Undaria pinnatifida

Giant salvinia Salvinia molesta Wall cotoneaster Cotoneaster horizontalis

Green seafingers Codium fragile Water fern Azolla filiculoides

Himalayan cotoneaster Cotoneaster simonsii Water hyacinth Eichhornia crassipes

Hollyberry cotoneaster Cotoneaster bullatus Water lettuce Pistia stratiotes

Hooked asparagus

seaweed

Asparagopsis armata Water primrose Ludwigia grandiflora

Hottentot fig Carpobrotus edulis Water primrose Ludwigia uruguayensis

Hybrid knotweed Fallopia japonica ×

Fallopia sachalinensis

Waterweeds Elodea spp.

Indian (Himalayan) balsam Impatiens glandulifera Yellow azalea Rhododendron luteum

Japanese knotweed Fallopia japonica



Protection of Badgers Act 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”

Environment (Wales) Act 2016

As part of Welsh Government’s commitment to reversing the decline in biodiversity in Wales and

increasing the resilience of its ecosystems, the Environment (Wales) Act introduces a new

biodiversity duty, which highlights biodiversity as an essential component of ecosystem resilience.

Section 6 of the Act places a duty on public authorities to ‘seek to maintain and enhance biodiversity’

so far as it is consistent with the proper exercise of those functions. In so doing, public authorities

must also seek to ‘promote the resilience of ecosystems’. The duty replaces the section 40 duty in

the Natural Environment and Rural Communities Act 2006 (NERC Act 2006), in relation to Wales, and

applies to those authorities that fell within the previous duty.

Section 7 replaces the duty in section 42 of the NERC Act 2006. The Welsh Ministers will publish,

review and revise lists of living organisms and types of habitat in Wales, which they consider are of

key significance to sustain and improve biodiversity in relation to Wales. In producing the list or

taking any measures to improve the listed organisms and habitats, the Welsh Ministers must apply

the principles of sustainable management of natural resources. Therefore, they must consider any

appropriate evidence, for example as provided in the State of Natural Resources Report, and also

engage with any relevant stakeholders, including pertinent public authorities. Certain public

authorities will also be required to consider the section 7 list, in complying with the new biodiversity

duty under section 6 of the Act. The list is important in assisting public bodies to identify potential

issues that they may wish to address in meeting their well-being objectives, in addition to

contributing to the well-being goal ‘a resilient Wales’ (Goal 2).

In the absence of a revised list, the section 42 NERC Act list is still relevant: the S42 list includes 56

habitats of principal importance and over 500 species of principal importance.

Hedgerow Regulations 1997

The Hedgerow Regulations 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.



Birds of Conservation Concern

This is a review of the status of all birds occurring 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 2015 (Eaton et al, 2015) and identified 67 red list species, 96

amber species, and 81 green species. The criteria are complex, but generally:

• Red list species are those that have shown a decline of the breeding population, non-

breeding 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 localised 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

Global IUCN Red List

The International Union for Conservation of Nature (IUCN) Threatened 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 Concern (LC), Data Deficient (DD), Not Evaluated (NE). Criteria for

designation into each of the categories is complex, and consider several principles.

Local Biodiversity Action Plan (LBAP)

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.

Some LBAP’s may also include Habitat Action Plans (HAP) and/or Species Action Plans (SAP), which

are used to guide and inform the local decision making process.

Wild Mammals (Protection) Act 1996

This Act offers protects a form of protection to all wild species of mammals, irrespective of other

legislation, and focussed on animal welfare, rather than conservation.

Unless covered by one of the exceptions, a person is guilty of an offence if he mutilates, kicks, beats,

nails or otherwise impales, stabs, burns, stones, crushes, drowns, drags or asphyxiates any wild

mammal with intent to inflict unnecessary suffering.

It’s application is typically restricted to preventing deliberate harm to wildlife (in general) during

construction works etc.



Appendix B – Desk Study Data



Appendix C – Wildlife Boxes



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 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.

Marshalls Clay Products - Quarry Lane, Howley

Park, Woodkirk, Dewsbury, West Yorkshire, WF12 7JJ – Tel: (01132) 203535, Fax: (01132)

203555.

Marshall’s Bat Access Brick, which is now also available in stone.

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



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.



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.



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.

a103741 tal y fedw llantrisant - ecological appraisal issue...the site was appraised for its...

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