Technical Note - Caulmert€¦ · Mott MacDonald 2 alder (Alnus glutinosa), ash (Fraxinus...

This document is issued for the party which commissioned it and for specific purposes connected with the above-captioned project only.

It should not be relied upon by any other party or used for any other purpose.

We accept no responsibility for the consequences of this document being relied upon by any other party, or being used for any other

purpose, or containing any error or omission which is due to an error or omission in data supplied to us by other parties.

This document contains confidential information and proprietary intellectual property. It should not be shown to other parties without

consent from us and from the party which commissioned it. This R eport has been prepar ed sol el y for use by the party which commissi oned it (the 'Client') in connection wi th the capti oned pr oject. It shoul d not be used for any other purpose. N o person other than the Client or any party who has expr essl y agreed terms of reli ance with us (the 'Recipi ent(s)') may r el y on the content, infor mation or any views expr essed in the R eport . This R eport is confi denti al and contains pr opri etary intell ectual pr operty and we accept no duty of car e, r esponsibility or li ability to any other recipi ent of this R eport . N o repr esentati on, warranty or undertaki ng, express or i mplied, is made and no responsi bility or liability is accepted by us to any party other than the Client or any Reci pient(s), as to the accuracy or completeness of the i nfor mati on contai ned i n this R eport . For the avoi dance of doubt thi s Report does not i n any way pur port to i nclude any legal, insurance or fi nanci al advice or opi nion.

We disclai m all and any liability whether arising i n tort, contr act or other wise which we might otherwise have to any party other than the Cli ent or the Reci pient(s), in respect of this Report, or any infor mation contained in it. We accept no responsi bility for any error or omissi on in the Report which is due to an error or omissi on in data, i nfor mation or statements supplied to us by other parti es i ncludi ng the Cli ent (the 'Dat a'). We have not independentl y verified the D ata or other wise exami ned i t to deter mi ne the accuracy, completeness, sufficienc y for any purpose or feasi bility for any particular outcome incl uding fi nanci al. Forecasts presented i n this document were pr epared usi ng the Data and the Repor t is dependent or based on the D ata. Inevitabl y, some of the assumptions used to develop the for ecasts will not be realised and unantici pated events and circumstances may occur. C onsequentl y, we do not guarantee or warrant the conclusions contained in the R eport as ther e are li kel y to be differences between the forecas ts and the actual results and those dif fer ences may be material. While we consi der that the infor mation and opini ons given in this R eport are sound all parti es must rel y on their own skill and judgement when making use of it .

Infor mation and opi nions ar e current onl y as of the date of the Report and we accept no responsi bility for updati ng such infor mation or opi nion. It shoul d, therefor e, not be assumed that any such infor mati on or opi nion conti nues to be accurate subsequent to the date of the Report. U nder no circumstances may this Rep ort or any extrac t or summar y thereof be used i n connecti on with any public or pri vate securities offeri ng incl udi ng any related memor andum or pr ospec tus for any securiti es offering or stock exchange listi ng or announcement. By acceptance of this Repor t you agree to be bound by this disclai mer. This disclai mer and any issues, disputes or cl ai ms arising out of or in connection wi th it ( whether contractual or non-contractual i n natur e such as cl ai ms i n tort, from br each of statute or regul ati on or otherwise) shall be governed by, and constr ued i n accordance with, the laws of Engl and and Wales to the exclusion of all conflict of l aws principles and r ules . All disputes or clai ms arising out of or r elati ng to this discl ai mer shall be subjec t to the excl usi ve jurisdicti on of the English and Welsh courts to which the parties irrevocabl y submit.

Project: 381177RN25

Our reference: 381177RN25 - Dyserth Wastewater

Treatment Works

Your reference: 381177RN25 - Dyserth

Wastewater Treatment

Works

Prepared by: C. Taylor Date: 25/05/2018

Approved by: E. Campbell Checked by: C. Maghanga

Subject: Dyserth Wastewater Treatment Works – Additional Phase 1 Habitat survey Addendum

1 Background

Mott MacDonald Bentley was commissioned by Dŵr Cymru Welsh Water Ltd in April 2017 to undertake an

Ecological Constraints Assessment (ECA) of Dyserth Wastewater Treatment Works (WwTW) and the

immediately surrounding area in relation to potential future works at the Site (Document reference:

381177QN52 | 001 | A).

Since the above referenced report, Dŵr Cymru Welsh Water Ltd require an expansion of the site extent due

to further land to be purchased (measuring 35mx145m ~ 5000m2) and alterations of a public footpath

(Appendix A).

A field survey was undertaken by Celise Taylor (Ecologist) on 24th May 2018. All habitats within the site were

identified and mapped in compliance with the best practice (JNCC, 2010). Dominant plant species were

noted, as were any protected, uncommon or invasive species listed in Schedule 9 part II of the WCA. An

assessment was also undertaken of the likely presence or absence of protected and notable species within

the ZoI of the proposed works. This was based on the known distribution of species, habitat suitability and/or

direct evidence such as field signs or observations. The methodologies and assessment criteria used were

based on current published guidance.

2 Results and Discussion

The habitats recorded within the site are described individually below, in order of dominance or significance in

the context of the site. Photographs accompany habitat descriptions.

The Phase 1 Habitat Map is provided in Appendix A, with the original Ecological Constraints Assessment

included in Appendix C, and discussed in the following section. Photographs accompany habitat

descriptions.

Broadleaved parkland/scattered trees (A3.1)

Surrounding the circumference of the site, there are several patches of scattered trees of varying ages with

scrub and/or poor semi-improved grassland. The dominant species is sycamore (Acer pseudoplatanus),

Technical Note

Mott MacDonald 2

alder (Alnus glutinosa), ash (Fraxinus excelsior), weeping willow (Salix babylonica), and downy birch (Betula

pubescens).

Figure 1: Trees located on north of site. Figure 2: Trees located on south east of site.

Source: C. J. Taylor, 2018 Source: C. J. Taylor, 2018

Intact hedge – species poor (J2.1.2)

Located on the south and west extents of the site, lies a hedgerow comprised of dominant hawthorn

(Crataegus monogyna). It also contains an abundance of ivy (Hedera helix) and nettle (Urtica dioica).

Figure 3: Hedgerow Figure 4: Hedgerow


Scrub – dense/continuous (A2.1)

Located to the north, south and west of the site extent, several areas of scrub have been identified. Species

include a dominance of nettle, and frequently observed ivy, and bramble.

Mott MacDonald 3

Figure 5: Scrub (1) Figure 6: Scrub (2)


Poor semi-improved grassland (B6)

A small section of the site has been recorded under this habitat classification, to the north and south of the

site extent (TN2). Species includes frequently observed cow parsley (Anthriscus sylvestris), with occasional

presence of Yorkshire fog (Holcus lanatus), English bluebells (Hyacinthoides non-scripta), ribwort plantain

(Plantago lanceolate), germander speedwell (Veronica chamaedrys) and hogweed (Heracleum

sphondylium). It also contains a rare presence of fern sp.

Figure 7: Poor semi-improved grassland

Source: C. J. Taylor, 2018

Running water (G2)

To the north of the site extent boundary lies a shallow brook, a tributary of the River Clywd, approximately

1.5m wide and ranged from 50mm to 100mm deep with a slow to moderate flow. The substrate was mostly

silty with some rocky areas.

Mott MacDonald 4

Figure 8: Watercourse on northern boundary of site extent (1)

Figure 9: Watercourse on northern boundary of site extent (2)


Cultivated/disturbed land – amenity grassland (J1.2)

Central to the site, lies a recently mowed amenity grassland. Species could not be identified due to sward

length being less than five centimetres in height.

Figure 10: Amenity grassland (1)

Source: C. J. Taylor, 2018

Fence (J2.4)

Throughout the site perimeter, there are several fences which comprise of varying materials and

thicknesses.

Mott MacDonald 5

Figure 11: Fence located on east side of site extent. Figure 12: Fence located throughout site extent.


2.1 Habitat Survey – Protected and Notable Species

The following species were recorded as part of the assessment.

Birds

The following species were recorded during the survey visually:

● 10 blackbirds (Turdus merula)

● 15 house martins (Delichon urbicum)

● 1 chaffinch (Fringilla coelebs)

In addition, the following species were recorded from bird song within the site extent:

● Buzzard (Buteo buteo)

● Robin (Erithacus rubecula)

● Great tit (Parus major)

● Blue tit (Cyanistes caeruleus)

● Jackdaw (Corvus monedula)

● Pheasant (Phasianus colchicus)

Mammals

There was no evidence of badgers, bats, otters or water voles within or around the site during the site visit.

The hedgerow surrounding the south and west extents of the site provide good connectivity to suitable

foraging and roosting habitats within the surrounding landscape.

Most of the trees on site were of a young whip age, approximately 1.0m in height at a maximum. The

remaining trees, on the northern section, were semi mature trees with negligible suitability for roosting bats.

Amphibians and Reptiles

No evidence of any amphibians or reptiles was observed during the site visit.

Mott MacDonald 6

Invasive Non-Native species

No evidence of any invasive species was observed during the site visit.

Mott MacDonald 7

3 Recommendations and Conclusions

The following table summarises the implications and recommendations advised for the Dyserth site.

Species / Habitat

Feature(s) Implications and Recommendations

Badger None None

Bats Trees

Hedgerow

From the plans provided (Appendix A), it appears unlikely that any trees will be removed.

Hedgerow removal will be minimal but is required due to new access point to public footpath.

Breeding birds Trees and vegetation on site No tree removal is anticipated; however, hedgerow removal will be minimal but is required due to new access point to public footpath.

Therefore, avoid vegetation clearance during nesting season (28th Feb – 31st Aug inclusive).

If this is not possible, a breeding bird check must be undertaken a maximum of 48 hours immediately prior to the start of works by a suitably qualified and experienced Ecologist to ensure no breeding birds are present within the vegetation due to be cleared.

Otter and Water vole

Watercourse None

Reptiles and Amphibians

None None - Hedgerow removal will be minimal but is required due to new access point to public footpath. The hedgerow is species-poor with no ground covering vegetation, therefore is unsuitable for reptiles and amphibians.

Non-native Invasive species

None None

Mott MacDonald 8

4 References

Joint Nature Conservation Council (JNCC) (2010) Handbook for Phase 1 habitat survey – a technique for

environmental audit. Peterborough: JNCC Publications

Mott MacDonald 9

Appendix

A. Phase 1 Habitat Survey 10

B. Target Notes 12

C. Ecological Constraints Assessment (ECA) of Dyserth Wastewater Treatment Works (WwTW)

Report(Copy of original) 14

Mott MacDonald 10

A. Phase 1 Habitat Survey

!(

!(

!(

!(

A

4

3

2

1

Contains OS data © Crown Copyright and database right 2018

P:\Manchester\Northwest\General\Environmental\GIS\DCWW -Welsh Water\Dyserth WwTW\2018\Dyserth WwTW\Mxd\Updated phase 1.mxd

Rev Date Drawn Description Ch'k'd App'dMott MacDonald Ground FloorRoyal Liver BuildingPier HeadLiverpool L3 1JHUnited Kingdom

Dyserth WwTWPhase 1 Habitat Survey

Client

Title

DesignedDrawnGIS Check

C. J. TaylorK. BowmanC. Maghanga

Eng CheckCoordinationApproved

C. Maghanga

Scale at A3 Status Rev SecurityPRE P1 STD1:1,388

Notes

Key to Symbols

Location Map

Contains OS data © CrownCopyright and database right2018

Drawing Number© Mott MacDonald Ltd.This document is issued for the party which commissioned it and for specific purposes connected with the captioned project only. It should not be relied upon by any other party or used for any other purpose.We accept no responsibility for the consequences of this document being relied upon by any other party, or being used for any other purpose, or containing any error or omission which is due to an error or omission in data supplied to us by other parties. 0 50 100 150Metres

[

Contains OS data © Crown Copyright and database right 2018

A 04/07/18 KB Draft CM

!( Target_NoteSite extent

Phase 1 HabitatHABITAT DESCRIPTION

A2.1 - Scrub -dense/continuousB6 - Poor semi-improvedgrasslandG2 - Running waterProposed footpathJ1.2 -Cultivated/disturbed land- amenity grasslandJ2.1.2 - Intact hedge -species-poorJ5 - Hardstanding

!A3.1 - Broadleavedparkland/scattered treesExisting footpath

| | | | | || J2.4 - FenceExisting site boundary

B. Target Notes

Table 1: Target notes

Target number Description Photograph

1 Gate to public footpath and entrance, north west of the site extent with watercourse located behind.

Figure 13: TN1 – Gate to public footpath and entrance to site.

2 English bluebells (Hyacinthoides non-scripta), located in several sections in the southern section of the site extent.

It is also the location of proposed access gate to the public footpath to replace the current public footpath.

Figure 14: English bluebells (Hyacinthoides non-scripta).

3 Location of house martins (Delichon urbicum) seen during survey, in the north west of the site extent.

Figure 15: Watercourse and location of house martins (Delichon urbicum).

Target number Description Photograph

4 Large log with gate to watercourse, located in the north west of the site extent.

Figure 16: Large log with gate to watercourse.

Source: C. Taylor, 2018

C. Ecological Constraints Assessment (ECA) of Dyserth

Wastewater Treatment Works (WwTW) Report (Copy of original)

Mott MacDonald Bentley Limited is a joint venture between Mott MacDonald Limited and JN Bentley Limited. Registered in England and Wales no: 3827321. Registered Office: Keighley Road, Skipton, North Yorkshire BD23 2QR.

Dŵr Cymru Welsh Water Ltd

Dyserth Wastewater Treatment Works

Ecological Constraints Assessment

6 September 2017

Technical Note

Issue and Revision Record

Revision Date Originator Checker Approver Description

P01 September 2017

A Weston T Oliver C Williams 1st Issue

Document reference:

Information class: Standard

This document is issued for the party which commissioned it and for specific purposes connected with the above-

captioned project only. It should not be relied upon by any other party or used for any other purpose.

We accept no responsibility for the consequences of this document being relied upon by any other party, or being

used for any other purpose, or containing any error or omission which is due to an error or omission in data supplied

to us by other parties.

This document contains confidential information and proprietary intellectual property. It should not be shown to other

parties without consent from us and from the party which commissioned it.

This report has been pr epared sol el y for use by the party which commissi oned it (the ‘Client’) i n connecti on with the capti oned proj ect. It should not be used for any other purpose. N o person other than the Client or any party who has expressl y agreed ter ms of r eliance with us (the ‘Reci pient(s)’) may rel y on the content, i nformati on or any vi ews expressed i n the repor t. We accept no duty of care, responsi bility or liability to any other r eci pient of thi s document. This r eport is confi denti al and contains pr opri etar y intell ectual property.

No representati on, warranty or under taki ng, expr ess or i mplied, is made and no responsi bility or liability is accepted by us to any party other than the Cli ent or any Reci pient(s), as to the accuracy or completeness of the i nformati on contai ned i n this r eport. For the avoidance of doubt this r eport does not in any way purport to i nclude any legal , insur ance or fi nanci al advice or opi nion.

We disclai m all and any liability whether arising i n tort or contrac t or other wise which it might otherwise have to any party other than the Cli ent or the Reci pient(s), in r espect of this report , or any infor mation attri buted to i t.

We accept no r esponsibility for any error or omission i n the r eport which is due to an error or omission i n data, infor mation or statements supplied to us by other par ties incl udi ng the client (‘D ata’). We have not i ndependentl y verified such D ata and have assumed it to be accurate, complete, rel i abl e and current as of the date of such infor mation.

Forecasts presented i n this document were pr epared usi ng Data and the report is dependent or based on D ata. Inevitabl y, some of the assumptions used to develop the for ecasts will not be realised and unantici pated events and circumstances may occur. C onsequentl y M ott MacDonal d does not guarantee or warr ant the concl usi ons cont ained i n the repor t as there are li kel y to be differ ences between the for ecas ts and the ac tual results and those di ffer ences may be material. Whil e we consi der that the infor mation and opini ons gi ven i n this r eport are sound all parti es must rel y on their o wn skill and j udgement when making use of it .

Under no circumstances may this report or any extr act or summar y ther eof be used in connection wi th any public or pri vate sec urities offering i ncluding any rel ated memorandum or prospectus for any securities offering or stock exchange listing or announcement.

Technical Note

Contents

Executive Summary 18

1 Introduction 19

1.1 Project Background 19

1.2 Site Description 19

1.3 Proposed Development 19

1.4 Aims and Objectives 19

1.5 Zone of Influence 19

1.6 Legislative and Policy Framework 20

2 Methodology 21

2.1 Desk Study 21

2.2 Extended Phase 1 Habitat Survey 21

2.3 Limitations 21

3 Ecological Constraints 22

3.1 Introduction 22

3.2 Designated Sites 22

3.3 Habitats 22

3.4 Protected and Notable Species 22

4 Further Surveys and Mitigation Requirements 25

4.1 Further Surveys 25

4.2 Mitigation Requirements 26

5 Ecological Risk Assessment 28

6 Conclusions 31

7 References 32

Appendices 33

A. Extended Phase 1 Habitat Survey Information Error! Bookmark not defined.

A.1 Desk Study 34

Technical Note

A.2 Field Survey 38

A.3 Phase 1 Habitat Survey Map and Target Notes 42

C. Photographs 45

D. Legislation and Policy 49

D.1 General Legislation and Policy Overview 49

D.2 National Planning Policy Framework 50

D.3 UK Biodiversity Framework 50

D.4 Designated Sites Legislation 50

D.5 Species-Specific Legislation 52

Mott MacDonald 18

Executive Summary

Mott MacDonald Bentley (MMB) was commissioned in July 2017 to undertake an Ecological Constraints

Assessment (ECA) of Dyserth Wastewater Treatment Works (WwTW) and surrounding lands in relation to

potential future works at the Site.

The aim of this report is to provide an Ecological Constraints Assessment of the protected and/or notable

habitats and species which occur or have the potential to occur in or near to the Site and may be impacted

by the proposed works following relevant guidance (CIEEM, 2013). A field survey was undertaken on 19 July

2017.

There are four statutory and six non-statutory designated sites within 2.0km of the Site. Depending on the

level of works required, a Habitat Regulations Assessment screening may be needed to assess impact from

the works, via the stream, to the Dee Estuary SPA, SAC and Ramsar.

The Site comprises the existing WwTW and a surrounding area considered to be within the Zone of

Influence, including several fields of pasture, hedgerows and marshy grassland. The area is considered to

have a moderate ecological value due to the hedgerows, trees, watercourse corridor and tall ruderal habitats

of the Site.

The proposals for the Site are currently unknown, so the following recommendations have been made for the

existing WwTW and the remainder of the site respectively:

● Existing WwTW: Recommendations with respect to a HRA, reptiles and bats, and mitigation for nesting

birds.

● Remainder of the Site: Precautionary recommendations regarding reptiles and bats; with mitigation for

nesting birds and watercourse pollution.

As the proposals for the Site are currently unknown, the recommendations are made assuming that all

habitats will be impacted. The recommendations for the Site should therefore be reviewed by a suitably

qualified ecologist once proposals have been finalised to determine the extent of recommendations which

apply to the works.

Mott MacDonald 19

1 Introduction

1.1 Project Background

Mott MacDonald Bentley was commissioned by Dŵr Cymru Welsh Water Ltd in April 2017 to undertake an

Ecological Constraints Assessment (ECA) of Dyserth Wastewater Treatment Works (WwTW) and the

immediately surrounding area in relation to potential future works at the Site.

For the purposes of this report, the area surveyed is the land within the boundary shown on the Phase 1

Habitat Map in Appendix B and is hereafter referred to as ‘the Site’.

1.2 Site Description

The Site is located 1.0km north of the village of Dyserth in Denbighshire, covering an area of approximately

0.7ha and centred on Ordnance Survey Grid Reference SJ 05227 79708. The wider landscape is

predominantly pastoral farmland and woodland copses.

1.3 Proposed Development

The current proposals for the Site are unknown, and as such the contents of this report assume that the

entirety of the existing WwTW will be demolished and cleared to facilitate redevelopment; with the remainder

of the Site potentially impacted to facilitate expansion of the works.

1.4 Aims and Objectives

The aim of this report is to provide an ECA of the protected and/or notable habitats and species which occur

or have the potential to occur on or near the Site and may be impacted by the proposed works. The report

follows the ‘Guidelines for Preliminary Ecological Appraisal’ (CIEEM, 2013).

The objectives are to:

● Identify any designated sites for natural conservation and habitats on, near and adjacent to the Site;

● Identify any notable and/or protected plant or animal species of conservation value, which may occur on

or near the Site;

● Identify the presence of any invasive plant species on or adjacent to the Site;

● Provide a habitat map with target notes of ecological features as identified above;

● Undertake a preliminary assessment of the potential impacts on any ecological receptors of conservation

value identified on, near or adjacent to the Site; and,

● Recommend further surveys, mitigation, and enhancement measures as appropriate.

1.5 Zone of Influence

The current guidance on ecological assessments (CIEEM, 2016) recommends that all ecological features

that occur within a ‘zone of influence’ (Zol) for a proposed development are investigated. The Zol includes:

● Areas directly within the land take for the proposed development and access;

● Areas which will be temporarily affected during construction;

● Areas likely to be impacted by hydrological disruption; and

● Areas where there is a risk of pollution and noise disturbance during construction and/or operation.

Mott MacDonald 20

The ZoI is variable depending on the ecological receptors affected.

1.6 Legislative and Policy Framework

The construction and operational activities for the proposed works must comply with the International,

European and UK nature conservation legislation, and with national and local biodiversity policies. The main

pieces of legislation in the UK are the Wildlife and Countryside Act 1981 (as amended) and the Conservation

of Habitats and Species Regulations 2010. The biodiversity policies which are most relevant are the National

Planning Policy Framework (NPPF, 2012), Biodiversity 2020; and the Denbighshire Biodiversity Action Plan

(LBAP).

Under the Natural Environment and Rural Communities (NERC) Act 2006, all public bodies are required to

have regard to biodiversity conservation when carrying out their function. Under Section 42 of this Act a list

of habitats and species that are of principal importance for the conservation of biodiversity in Wales has been

published, and are used as guidance for the recommendations of this report.

Mott MacDonald 21

2 Methodology

2.1 Desk Study

A desk study was undertaken of the designated sites for nature conservation, habitats of conservation

importance and protected and notable species which occur within 2.0km of the Dyserth Wastewater

Treatment Works. This radius was extended to 10.0km for international and European conservation sites

including: Special Areas of Conservation (SAC), Special Protection Areas (SPA) and Ramsar Sites; and

30.0km for SACs designated for roosting bats.

Data was obtained from Cofnod North Wales Environmental Information Service; as well as relevant

publications, reports and online databases. These included the Multi-Agency Geographic Information for the

Countryside (MAGIC), Joint Nature Conservation Committee (JNCC) and the LBAP.

2.2 Extended Phase 1 Habitat Survey

A field survey, in the form of an extended Phase 1 Habitat Survey was undertaken by Mott MacDonald

ecologist Andrew Weston on 19 July 2017. All habitats within the Site were identified and mapped in

compliance with the ‘Handbook for Phase 1 habitat survey: a technique for environmental audit’ (Joint Nature

Conservation Committee, 2010). Dominant plant species were noted, as were any protected, uncommon, or

invasive species listed on Schedule 9 of the Wildlife and Countryside Act 1981 (as amended) and recorded

for each broad habitat type identified, with nomenclature based on Stace (2010).

An assessment was also undertaken of the likely presence or absence of protected and notable animal

species within the ZoI of the proposed development. This was based on the known distribution of species,

habitat suitability and/or direct evidence such as field signs or observations. The methodologies and

assessment criteria used were based on current published guidance where available. Assessment criteria for

bats used in this report is given in Appendix B.

2.3 Limitations

Biological records obtained from third parties and presented in the desk study do not represent a full and

complete species list for the area. They are mostly given by individuals on an ad hoc basis, often meaning

there are areas of deficiency in the data.

Ecological surveys are limited to factors which affect the presence of plants and animals, such as time of

year, migration patterns and behaviour. With a single site visit it is possible that certain species may have

been overlooked or under-recorded during the assessment as optimal survey periods vary from species to

species. This Preliminary Ecological Assessment therefore cannot be considered to provide a wholly

comprehensive account of the ecological interest of the site and it should be noted that this report does not

constitute an Ecological Impact Assessment. The survey does, however, provide a “snapshot” of the

ecological interest present on the day of the survey visit.

Mott MacDonald 22

3 Ecological Constraints

3.1 Introduction

The results of the desk study and extended phase 1 habitat survey are summarised in Appendix A, and

illustrated on a phase 1 habitat map along with associated Target Notes (TNs) presented in Appendix B. A

brief description of the Site and a summary of the main features which may constitute a potential constraint

to the proposed works is provided below.

3.2 Designated Sites

3.2.1 Statutory Sites

There are four SSSI’s within 2.0km of the Site, the closest being Graig Fawr SSSI, located 0.7km east of the

Site. There are three overlapping International and European designated sites within 10.0km of the Site, the

Dee Estuary Ramsar site, SAC and SPA, located 7.0km east of the Site.

Although it is unlikely that an impact will be had on a European site, owing to the connectivity of the WwTW,

through watercourses, to the Dee Estuary there may be a potential impact depending on the level of works.

As a result, a Habitat Regulations Assessment Screening may be required to assess any potential impacts to

the specific designations of the SAC, SPA and Ramsar.

3.2.2 Non-Statutory Sites

Six local wildlife sites are present within 2.0km of the Site; the closest of which is Carreg Heilyn 0.8km to the

east of the Site. Due to the distance of these sites from the WwTW no impacts upon non-statutory sites are

anticipated from the works and therefore they do not pose an ecological constraint to the proposals.

3.3 Habitats

There are ten habitats on the Site with all of these located within or immediately adjacent to the WwTW.

These habitats in the most part have low ecological value; however, the hedgerows, trees, tall ruderal and

watercourse of the Site have moderate ecological value.

As the proposals for the Site are yet to be defined it is assumed all the habitats of the Site will be impacted

and as such recommendations regarding these notable habitats are made in Section 4.

3.4 Protected and Notable Species

3.4.1 Amphibians

The desk study identified five great crested newt (Triturus cristatus) records all over 1.5km west of the Site,

with common frog (Rana temporaria) and toad (Bufo bufo) also in this location. No amphibians were

identified during the Site survey. The closest pond is 600m east.

The existing WwTW comprises predominantly well managed amenity grassland which does not provide

suitable terrestrial habitat for great crested newts. The hedgerow bordering the WwTW to the east provides

some potential foraging habitat and hibernacula and connectivity to off-site habitat. Within the survey area

the tall ruderal habitat in the north-west corner of the Site has suitable hibernacula and foraging habitat.

However, owing to the distance of the nearest records and lack of suitable breeding habitat for these

species, amphibians are not considered to pose an ecological constraint to the proposals.

Mott MacDonald 23

3.4.2 Badgers

Four records of badgers have been recorded over 1.5km north of the Site. No signs of badger were noted

during the site survey and combined with their recorded distance from the works are therefore, not

considered an ecological constraint to the proposals.

3.4.3 Bats

The buildings and trees of the Site provide negligible roosting potential for bat species, although the rural

location of the Site provides foraging and commuting potential in the form of hedgerows, trees and tall

ruderal habitats.

The wider landscape provides good foraging habitat and connectivity to potential roosting areas such as the

woodland to the north west of the Site. The closest record of bats provided by the desk study was a common

pipistrelle (Pipistrellus pipistrellus) 20m south of the Site. However, four separate lesser horseshoe

(Rhinolophus hipposideros) roosts have been recorded 1.0km east of the Site within Graig Fawr SSSI. The

existing WwTW is considered to have moderate suitability for foraging and commuting bats, largely

comprising the hedgerows and trees of the boundaries, similarly the wider Site has moderate suitability for

foraging and commuting bats.

As the proposals are currently unknown, bats are currently considered a constraint to the proposals due to

the potential disruption to commuting routes by vegetation removal.

3.4.4 Birds

The trees, hedgerow and tall ruderal habitats of the Site have the potential to be used by nesting birds and

removal of these habitats within bird nesting season (March to September inclusive) is considered an

ecological constraint to the proposals.

3.4.5 Invasive Species

No invasive species were identified on site during the field assessment, although records of Wall

Cotoneaster (Cotoneaster horizontalis) exist 1.7km south from the Site. Due to the distance and location of

these species, invasive species are not considered an ecological constraint to the proposals.

3.4.6 Invertebrates

A silver-studded blue butterfly (Plebejus argus) was recorded in Graig Fawr SSSI but is a predominantly

heathland insect. The stream to the north of the Site was not considered suitable for white-clawed crayfish

(Austropotamobius pallipes) due to its silty substrate, in addition no burrows were identified at the time of the

survey and the desk study did not return any records of this species. Due to the lack of invertebrate records

and limited extent of suitable habitat, invertebrates are not considered a constraint to the proposals.

3.4.7 Reptiles

No reptiles were identified during the field survey, although records returned within the desk study identified

common lizard (Zootoca vivipara) and grass snake (Natrix natrix) within 1.0km of the Site. The habitat within

the WwTW site has some potential foraging habitat in the form of tall ruderal vegetation along with the

hedgerows which form the eastern boundary of the Site providing potential hibernacula. Within the wider Site

the hedgerows and marshy grassland which runs along the length of the stream to the north also provide

suitable foraging habitat. Works to the northern section of the Site and eastern boundary have the potential

to impact upon reptiles and therefore pose an ecological constraint to the proposals.

Mott MacDonald 24

3.4.8 Other protected / Notable species

The field survey did not identify any signs of riparian mammals along the watercourse at the north of the Site,

with the stream considered too shallow to support otter (Lutra lutra), and although had some suitability for

water vole (Arvicola amphibius), the nearest record is 0.6km away and no field signs were identified.

Riparian mammals are therefore not considered an ecological constraint to the proposals.

Rabbit (Oryctolagus cuniculus) burrows were noted along the eastern boundary of the site. These looked

recently used with signs of dropping close by.

Mott MacDonald 25

4 Further Surveys and Mitigation Requirements

The exact nature of the current proposals is still to be determined, and as such the following

recommendations are made with respect to either the existing WwTW or the remainder of the Site.

4.1 Further Surveys

4.1.1 Existing WwTW

Due to the presence of a bat roost 20m away and suitable reptile habitat within the WwTW site, the survey

work outlined in Table 1 is recommended.

Table 2: Further Surveys required within existing WwTW boundary

Ecological Feature RelevantLegislation/Policy

Recommended Approach Seasonal Constraints/ Timing

Bats Wildlife and Countryside Act 1981 (as amended) and Conservation of Habitats and Species Regulations

Should significant clearance be required of the hedgerow and trees, nocturnal activity surveys will be required to ascertain the levels of bat activity within the area and identify any impacts from the development on commuting routes across the Site.

May – September

Reptiles within hedges and tall ruderal habitats.

Wildlife and

Countryside Act

1981 (as amended)

If the habitats at the north of the Site are to be impacted, or the hedgerows removed a reptile survey of the tall ruderal area and any suitable field margins should be undertaken. This will require a minimum of seven survey visits between April and June or during September during which artificial refugia will be placed across the Site to assess the presence/ likely absence of reptiles.

April- June; September- October (weather dependent).

Dee Estuary SAC, SPA and Ramsar

Conservation of Habitats and Species Regulations

Dependent on the level of works and owing to the site’s connectivity to the Dee Estuary SAC and SPA a HRA screening may be required.

None

4.1.2 Remainder of the Site

Further surveys are recommended under the assumption that the marshy grassland and hedgerows of the

fields to the north of the Site will be impacted by the proposed development.

Mott MacDonald 26

Table 3: Further Surveys required outside of WwTW boundary

Ecological Feature Relevant Legislation/ Policy


Bats Wildlife and Countryside Act 1981 (as amended) and Conservation of Habitats and Species Regulations

Should significant clearance be required of the hedgerows and trees, nocturnal activity surveys will be required to ascertain the levels of bat activity within the area and identify any impacts from the development on commuting routes across the Site.

May – September

Reptiles within hedges, marshy grassland and field margins.

Wildlife and

Countryside Act

1981 (as amended)

If the habitats at the north of the Site are to be impacted, a reptile survey of the marshy grassland area and any suitable field margins should be undertaken. This will require a minimum of seven survey visits between April and June or during September during which artificial refugia will be placed across the Site to assess the presence/ likely absence of reptiles.

April- June; September- October (weather dependent).

4.2 Mitigation Requirements

The findings of this Ecological Constraints Assessment also highlighted potential of the proposals to impact

upon several protected species, dependent upon the exact nature of the works. These species do not

require additional survey work provided the mitigation for each is followed and may alter once the exact

nature of the proposals are known.

4.2.1 Existing WwTW

Table 4: Mitigation measures required for existing WwTW



Nesting Birds Schedule 1 of the Wildlife and Countryside Act 1981 (as amended)

Vegetation clearance should take place outside of nesting bird season. If this is not possible then any vegetation to be removed should be checked by an experienced ecologist for nesting birds immediately prior to works commencing. If birds are found to be nesting any works which may affect them would have to be delayed until the young have fledged and the nest has been abandoned naturally.

March- September (inclusive)

Watercourse None All works should be undertaken in accordance with best practice, e.g. an Environment Agency environmental permit and a contractor approved construction environmental

None

Mott MacDonald 27

Ecological Feature Relevant Legislation/ Policy


management plan, to ensure that the waterbody adjacent to the WwTW is not adversely impacted by the proposed works.

4.2.2 Remainder of the Site

Table 5: Mitigation measures required outside of WwTW boundary



Nesting Birds Schedule 1 of the Wildlife and Countryside Act 1981 (as amended)

Vegetation clearance should take place outside of nesting bird season. If this is not possible then any vegetation to be removed should be checked by an experienced ecologist for nesting birds immediately prior to works commencing. If birds are found to be nesting any works which may affect them would have to be delayed until the young have fledged and the nest has been abandoned naturally.

March- September (inclusive)

Watercourse None All works should be undertaken in accordance with best practice, e.g. an Environment Agency environmental permit and a contractor approved construction environmental management plan, to ensure that the waterbody passing through the Site is not adversely impacted by the proposed works.

None

Mott MacDonald 28

5 Ecological Risk Assessment

In order to identify potentially significant constraints to the delivery of this project, an ecological risk

assessment has been undertaken to assign a risk rating related to project delivery and programme, using the

RAG (red, amber, green) system. This is summarised in Table 5 with respect to land within the existing

WwTW, and in Table 6 with respect to land outside of the existing WwTW. It should be noted that the

assessment of risk can be influenced by two factors which are not related to the legislative protection

afforded to a habitat or species and thus the level of mitigation required. These are: 1) the likelihood that a

particular ecological resource or constraint is present; and 2) the likelihood that the proposed works would

have an impact upon an ecological feature. These factors can increase or decrease the risk of a particular

constraint on the proposed works, regardless of their protection.

In general, any ecological constraint which requires further survey, and which requires significant mitigation

to be implemented with onerous licencing implications (should presence of the species concerned be

confirmed), or has an impact on a site of considerable nature conservation value, is assessed to be a ‘high’

risk to project delivery, and should be reviewed in light of the works programme as soon as it is known.

These would usually be identified by red shading in Tables 5 and 6.

Constraints for which a ‘moderate’ risk exists to project delivery and programme would be identified by

amber shading in Tables 5 and 6. These may also require further surveys to confirm the mitigation

requirements, but licencing constraints are less onerous than those which are ‘high’ risk.

Finally, those constraints with green shading in Tables 5 and 6 constitute ‘low’ risk to project delivery. The

majority of these constraints can either be dealt with at the construction phase (although seasonal

constraints may still apply).

Table 6: Ecological RAG Assessment within the WwTW

Ecological Feature

Further Survey

Mitigation Licensing Summary of Rationale RAG

Reptiles ✓ Provided the tall ruderal habitats and hedgerows to the north of the Site are not impacted by the proposals, no constraints exist.

Reptile surveys of the tall ruderal habitats and eastern hedgerows should be undertaken if these areas are to be impacted by the works.

Medium Risk

Habitat Regulations Assessment

✓ If the stream running adjacent to the site is to be impacted, or the outfall flows changed, a HRA screening may be needed.

Low Risk

Nesting birds ✓ Vegetation should be removed outside of the nesting bird season (March -September inclusive). If works are to be carried out in the active season, delays may be caused because of nesting birds.

Low Risk

Mott MacDonald 29

Ecological Feature

Further Survey


Bats ✓ ✓ Ecological constraints may not exist, dependent on the level of vegetation removal at the north of the Site.

If large areas of trees or hedgerow are to be removed, activity surveys should be completed to ascertain the impacts of the works on commuting routes.

Medium Risk

Watercourse ✓ There is potential for pollution of the watercourses as a result of the works. Works should proceed in line with the recommendation in Table 3 to avoid impacts to the stream.

Low Risk

Table 7: Ecological RAG Assessment for remainder of the Site

Ecological Feature

Further Survey


Reptiles ✓ Provided the marshy grassland and hedgerows to the north of the Site are not impacted by the proposals, no constraints exist.

Reptile surveys of the tall ruderal habitats and northern hedgerows should be undertaken if these areas are to be impacted by the works.

Medium Risk

Nesting birds ✓ Vegetation should be removed outside of the nesting bird season (March -September inclusive). If works are to be carried out in the active season, delays may be caused because of nesting birds.

Low Risk

Bats ✓ ✓ Ecological constraints may not exist, dependent on the level of vegetation removal at the north of the Site.

If large areas of trees or hedgerow are to be removed, activity surveys should be completed to ascertain the impacts of the works on commuting routes.

Low Risk

Watercourse ✓ There is potential for pollution of the watercourses as a result of the works. Works should proceed in line with the recommendation in Table

Low Risk

Mott MacDonald 30

Ecological Feature

Further Survey


3 to avoid impacts to the stream.

Mott MacDonald 31

6 Conclusions

An Ecological Constraints Assessment was undertaken to assess the potential impact of works at Dyserth

WwTW. Desk top studies and the field survey identified that overall the WwTW has low ecological value due

to its well-maintained nature, although an area of tall ruderal habitat located at the north of the Site with

hedgerows bordering the east and trees bordering the south are considered to be of moderate ecological

value. The surrounding land equally has generally low ecological value, with some exceptions such as the

watercourse corridor to the north, marshy grassland, hedgerows extending out from the Site and woodland

further north, all of which are of moderate ecological value.

The exact nature of the Site works is yet to be determined and therefore a number of recommendations have

been made assuming wide scale areas of the Site will be impacted.

Recommendations within the existing WwTW:

Bat surveys along trees and hedgerows which form the site boundary;

A Habitat Regulations Assessment screening to be carried out, dependent on the finalised works;

Nesting bird checks within the vegetation to be removed;

Reptile surveys within tall ruderal vegetation and hedgerows;

Potential for pollution of the watercourse adjacent to the northern boundary.

Recommendations for the remainder of Site (outside of existing WwTW):

Reptile surveys may be required if field margins, hedgerows, marshy grassland and stream corridor are to be

impacted

Bat surveys subject to the extent of vegetation removal, may be required if commuting routes are at risk of

significant disruption.

Nesting bird checks within the vegetation to be removed;

Potential for pollution of the watercourse at the north of the Site

The reptile survey of the habitats at the north of the Site is considered to have the greatest risk being at a

medium level along with the potential removal of bat commuting and foraging habitat. The remainder of the

ecological constraints are considered to have low risk and should not pose a delay to the proposed works

provided they are reviewed in the design stage to ensure that they are undertaken in accordance with the

outlined recommendations.

The further survey work required depends on the nature and location of the works, and further surveys may

be avoidable. Once the exact nature of the proposals has been determined, a review of the above

recommendations should be sought from a suitably qualified ecologist with regards to the extent of additional

survey required.

Mott MacDonald 32

7 References

CIEEM (2013). Guidelines for Preliminary Ecological Appraisal. Chartered Institute of Ecology and

Environmental Management, Winchester.

CIEEM (2016). Guidelines for Ecological Impact Assessment in the UK and Ireland. Chartered Institute of

Ecology and Environmental Management, Winchester

Cofnod North Wales Envionmental Information Service

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

Bat Conservation Trust, London.

Eaton, M A, Brown, A F, Noble, D G, Musgrove, A J, Hearn, R, Aebischer, N J, Gibbons, D W, Evans, A &

Gregory, R D (2009). Birds of Conservation Concern 3: the population status of birds in the United Kingdom,

Channel Islands and the Isle of Man. British Birds. 102, 296–341.

JNCC (2010): Handbook for Phase 1 habitat survey: A technique for environmental audit (reprint). Joint

Nature Conservation Committee, Peterborough.

Joint Nature Conservation Council (JNCC) website: http://jncc.defra.gov.uk/

Mitchell-Jones, A.J. (2004). Bat Mitigation Guidelines. English Nature

Multi-Agency Geographic Information for the Countryside (MAGIC) website: http://magic.defra.gov.uk/

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

UK Biodiversity Action Plan (UKBAP) website: http://jncc.defra.gov.uk/default.aspx?page=5155

Where’s the path website: http://wtp2.appspot.com/wheresthepath.htm

http://jncc.defra.gov.uk/http://magic.defra.gov.uk/http://jncc.defra.gov.uk/default.aspx?page=5155http://wtp2.appspot.com/wheresthepath.htm

Mott MacDonald 33

Appendices

A. Extended Phase 1 Habitat Survey Information Error! Bookmark not defined.

B. Phase 1 Habitat Survey Map and Target Notes 42

C. Photographs 45

D. Legislation and Policy 49

Mott MacDonald 34

A. Extended Phase 1 Habitat Survey Information

A.1 Desk Study

All relevant ecological data received from the consultation exercise has been reviewed, the results of which

are summarised below. Data older than ten years is less important than more recent data due to the length

of time that has elapsed since being collected (and the chance that they are no longer valid).

A.1.1 Designated Sites

A.1.1.1 International and European Designated Sites

Reference to the MAGIC website (http://magic.defra.gov.uk/) and Cofnod indicates that there are three

overlapping international or European designated site for nature conservation within 10.0km of the Site, as

summarised Table 7.

Table 8: Summarised details of international Designated Sites within 10km of the Site

Site Name Designation Proximity of most recent record to the Site

Description

Dee Estuary Ramsar, SAC and SPA

7.0km east The Dee Estuary/Aber Afon Dyfrdwy is of interest for its populations of internationally important wintering waterfowl, its populations of individual waterfowl and tern species, its intertidal mud and sandflats, saltmarsh and transitional habitats, the hard rocky sandstone cliffs of Hilbre Island, its assemblage of nationally scarce plants and its populations of sandhill rustic moth Luperina nickerlii.

Source: Cofnod and MAGIC

There are no SAC’s designated for bats within a 30.0km radius of the Site.

A.1.1.2 National and Local Designated Sites

Reference to the MAGIC website (http://magic.defra.gov.uk/) and Cofnod indicates there are four SSSI

designated sites within 2.0km of the Site as summarised in Table 8 below.

Table 9: Summarised details of National and Local Designated Sites


Description

Graig Fawr SSSI 0.7km Graig Fawr is of special interest for its range of limestone (calcicolous) grassland communities as well as its populations

http://magic.defra.gov.uk/http://magic.defra.gov.uk/

Mott MacDonald 35


Description

of vascular plants and lepidoptera.

Maes Hiraddug SSSI 0.8km Maes Hiraddug is of special interest for its unimproved neutral grassland vegetation, which occurs in association with some small patches of woodland and scrub.

Moel Hiraddug a Bryn Gop

SSSI 1.0km This is the best locality for the late Dinantian Lower Brown Limestone flora. It yields abundant and well preserved specimens of lycopods, equisetes and progymnosperms, many of which have cuticles.

Prestatyn Hillside SSSI 1.5km The site supports a range of semi-natural plant communities including calcareous and acidic grassland, calcareous heath and scrub and broadleaved woodland.

Source: Cofnod and MAGIC

A.1.1.3 Non-Statutory Sites

Reference to Cofnod indicates that there are six Local Wildlife Sites (LWS) within 2.0km of the Site, as

detailed in Table 9.

Table 9: Summarised details of non-statutory Sites within 2.0km of the Site


Description

Carreg Heilyn LWS 0.4km east A small area of common land, with species rich calcareous grassland and scrub. The grassland is a Sheep’s Fescue-Meadow Oat-grass community. Dominant species apart from Fescue, are Crested Hair-grass, Quaking-grass, Salad Burnet and Ribwort Plantain. Also present are Wild Thyme, Eyebright, Harebell, Kidney Vetch and Small Scabious.

Prestatyn-Dyserth Walkway

LWS 0.7km east Nottingham Catchfly occurs in grassy areas, and where there is bare ground associated with lead contamination, the nationally scarce Spring Sandwort is found. Within a broadleaved woodland around Dyserth Castle Quarry, Wild Madder occurs. Bloody Crane’s-bill produces an attractive

Mott MacDonald 36


Description

display on limestone rock outcrops beside the path.

Moel Hiraddug LWS 1.1km south east This area is mainly calcareous grassland with small areas of calcareous heath. There is ancient woodland on the steep slope on the west of the site, and some secondary broadleaved woodland. The north of the site is common land.

Coed Ty Newydd LWS 1.3km east Broadleaved woodland dominated by Sycamore and Ash and including a disused limestone quarry.

Tan yr Allt LWS 1.5km north east This is a small area of common land on a limestone ridge. There is woodland on the steep western side, and the higher ground is calcareous grassland and scrub.

Pwll y Bont LWS 1.8km north east This site on the outskirts of Meliden is a wet area with marshy grassland and species poor fen. There is also a group of mature Crack Willow, thick species rich hedgerows and open ditches.

Source: Cofnod

A.1.2 Protected/ Notable Species

A.1.2.1 Amphibians

OS mapping and aerial photography identified a single pond, several drainage ditches and a small stream

within 500m of the Site. The closest of these is the stream to the north of the Site. Five records of great

crested newt (Triturus cristatus) were returned all over 1.5km west of the Site, with two records of common

toad within the same area.

A.1.2.2 Badgers

Four records of badger (Meles meles) were present within 2.0km of the Site, though no records were within

1.6km.

A1.2.3 Bats

Five confirmed bat species were recorded within 2.0km of the Site, as summarised in Table 10. In addition, a

number of lesser horseshoe (Rhinolophus hipposideros) bat roosts have been located 1.0km to the east of

the Site within Graig Fawr SSSI.

Mott MacDonald 37

Table 10: Summary of bat species within 2.0km of the Site

Species

No

. of

rec

ord

s

Mo

st re

ce

nt

rec

ord

s

Pro

xim

ity o

f

mo

st re

ce

nt

rec

ord

to th

e

Ww

TW

Pro

xim

ity o

f

ne

are

st ro

os

t

to W

wT

W

UK

BA

P

Lo

ca

l BA

P

Brown long-eared bat

(Plecotus auritus)

1 2013 1km north east

N/A ✓ ✓

Common pipistrelle

(Pipistrellus pipistrellus)

4 2013 0.02km N/A ✓ ✓

Lesser horseshoe bat (Rhinolophus hipposideros)

4 2013 1km south west

1km east ✓ ✓

Natterer’s bat

(Myotis nattereri)

1 2012 1.6km east 1.6km ✓ ✓

Noctule Bat (Nyctalus noctula)

1 2011 0.5km N/A ✓ ✓

Source: Cofnod

A1.2.4 Birds

Numerous notable bird species were identified within 2.0km of the Site. Those most relevant to the Site are

summarised in Table 11.

Table 11: Summary of bird species within 2.0km of the Site

Species

No

. of re

co

rds

Mo

st re

ce

nt

rec

ord

s

Sc

he

du

le 1

of

WC

A

NE

RC

Se

ctio

n

42

Bird

of

Co

ns

erv

atio

n

Co

nc

ern

Red

Bird

of

Co

ns

erv

atio

n

Co

nc

ern

Am

be

r

UK

BA

P

Lo

ca

l BA

P

Bullfinch (Pyrrhula pyrrhula)

3 2007 ✓ ✓ ✓

Cuckoo (Cuculus canorus)

2 2013 ✓ ✓

Curlew (Numenius arquata)

4 2015 ✓ ✓

Lapwing (Vanellus vanellus)

3 2010 ✓ ✓

Spotted Flycatcher (Muscicapa striata)

3 2010

✓ ✓

Mott MacDonald 38

Species

No

. of re

co

rds

Mo

st re

ce

nt

rec

ord

s

Sc

he

du

le 1

of

WC

A

NE

RC

Se

ctio

n

42

Bird

of

Co

ns

erv

atio

n

Co

nc

ern

Re

d

Bird

of

Co

ns

erv

atio

n

Co

nc

ern

Am

be

r

UK

BA

P

Lo

ca

l BA

P

Starling (Sturnus vulgaris)

30 2008 ✓ ✓

Tree Sparrow (Passer montanus)

1 2009 ✓ ✓

Willow Tit (Poecile montana)

1 2017 ✓ ✓ ✓

Willow Warbler (Phylloscopus trochilus)

1 2011 ✓ ✓

Source: Cofnod

A.1.2.5 Invasive Species

One invasive species record was returned within 2.0km of the Site for wall cotoneaster (Cotoneaster

horizontalis) 1.7km south from the Site.

A.1.2.6 Invertebrates

A silver-studded blue butterfly (Plebejus argus) was recorded in Graig Fawr SSSI 1.0km east of the Site.

A.1.2.7 Reptiles

There are two recent records of grass snake (Natrix natrix) and several records of common lizard (Zootoca

vivipara) over 1.0km away to the east of the Site. No other reptile records were recorded within 2.0km of the

Site. Two records of slow worm (Anguis fragilis) exist 1.5km south of the Site.

A.1.2.8 Other Protected or Notable Species

There are no records of otter (Lutra lutra) within 2.0km of the Site. Two records of water vole (Arvicola

amphibius) exist 0.6km north west and the desk study also returned records of polecat (Mustela putorius)

almost 2km from the Site.

A.2 Field Survey

The Phase 1 Habitat map and associated target notes are presented in Appendix B and photographs in

Appendix C. Target Notes are referred to as TN1, TN2 etc. in this section. Table 5 details the weather

conditions at the time of survey. A summary of legislation relevant to the protected/notable species

appropriate to the UK is included in Appendix D.

Table 10: Survey Weather Conditions

Date Temperature (°C)

Cloud Cover (%)

Wind (Beaufort Scale)

Precipitation

19 July 2017 22 40 F2 None

Mott MacDonald 39

A.2.1 Habitats

The following habitat types, described below, were noted within the Site during the field survey:

Amenity Grassland (J1.2)

Buildings and Infrastructure (J3.6)

Fence (J4)

Hardstanding

Improved grassland (B4)

Running Water (G2)

Scattered trees (A3)

Species poor intact hedgerow (J3.2)

Tall ruderal (C3.1)

Marsh / marshy grassland (B5)

A.2.1.1 Amenity Grassland

The majority of the existing WwTW Site comprised short grassland that showed signs of regular

management (Photo 1). The dominant grass species noted on site was perennial ryegrass (Lolium perenne)

with some creeping buttercup (Ranunculus repens) and dandelion (Taraxacum officinale agg.).

A.2.1.2 Buildings and Infrastructure

The only building on site (Photo 2) is located towards the north of the WwTW. This building comprised a flat

roofed brick building with one storey. The building was pebble dashed and in good condition, with no gaps

between the walls and the roof. Inside the building was a hung roof with no access to the loft space.

The remainder of on-site structures comprised two metal framed kiosks and generators, four sludge storage

tanks, numerous filtration beds and a sludge processing unit all relating to the water treatment process

(Photo 3).

A.2.1.3 Fence

The existing WwTW was bounded by a 2m high wire fence topped with barbed wire. Walkways and

treatment tanks within the Site boundary were demarcated metal fencing approximately 1.3m in height.

A.2.1.4 Hardstanding

The access routes within the Site comprised asphalt and packed earth (Photo 4). Areas of the Site around

several structures comprised gravel and stone flagged pathways.

A.2.1.5 Improved Grassland

The fields surrounding the WwTW comprised grazed pastureland which showed evidence in places of

poaching by cattle (photo 5). Species within these fields included perennial rye-grass, with occasional

dandelion, creeping buttercup and common nettle (Urtica dioica).

A.2.1.6 Marsh/ marshy grassland

The area running parallel to the stream in the north of the Site comprised boggy ground with species

including soft rush (Juncus effusus) and common nettle (Photo 5). The area showed little sign of

management though the bank of the stream was poached by cattle.

Mott MacDonald 40

A.2.1.7 Running water

A brook, a tributary of the River Clywd, ran through the north of the Site (Photo 5), passing along the

northern border of the WwTW. The watercourse was approximately 1.5m wide and ranged from 50mm to

100mm deep with a slow to moderate flow. The substrate was mostly silty with some rocky areas.

A.2.1.8 Scattered trees

The WwTW comprised various planted trees, predominantly sporadic elder (Sambucas nigra) along the

northern boundary of the WwTW (photo 6). At the southern boundary of the WwTW site was a row of semi

mature trees including ash (Fraxinus excelsior) and field maple (Acer campestre) with occasional hawthorn

(Crataegus monogyna) (Photo 7).

A.2.1.9 Species poor intact hedgerow

A hedgerow bordered the eastern boundary of the WwTW (Photo 2). This mainly comprised elder up to 3m

in height with thick ivy (Hedera helix) along most of its length.

A.2.1.10 Tall ruderal

Areas of tall ruderal habitat were present at the north of the WwTW (Photo 8). Species present included

common nettle, creeping thistle (Cirsium arvense), rapeseed (Brassica napus), common bent grass (Agrostis

capillaris), red campion (Silene dioica), cow parsley (Anthriscus sylvestris) and bramble.

A.2.2 Protected and Notable Species

A.2.2.1 Amphibians

No amphibians were observed during the field survey. The hedgerows and tall ruderal habitats of the Site

offer potential foraging habitat and refugia for amphibians, although there is no breeding habitat (in the form

of ponds) within the survey area.

A.2.2.2 Bats

The structures within the existing WwTW were in good condition and offer negligible suitability for roosting

bats. The main building was inspected internally and no evidence of bats (in the form of droppings, feeding

remains, staining etc.) were identified. The remainder of buildings comprised metal structures and preformed

concrete, and did not offer any suitability for roosting bats.

All of trees on the Site were semi mature trees and in good condition, with negligible suitability for roosting

bats.

The habitats within the Site provide good foraging habitat for bat species, with the hedgerows providing

connectivity to suitable foraging and roosting habitats within the wider landscape.

A.2.2.3 Birds

Several grey wagtails were identified within the Site. The trees, hedgerows and machinery of the Site have

the potential for nesting birds to be present.

A.2.2.4 Invasive Species

No invasive species were identified within the Site.

Mott MacDonald 41

A.2.2.5 Invertebrates

No invertebrate species were observed on Site and no suitable habitat exists for notable invertebrate

species.

A.2.2.6 Reptiles

The Common UK reptiles are protected from killing and injuring under the Countryside and Wildlife Act 1981

(as amended). No reptiles were identified during the field survey, although there is suitable habitat within the

WwTW in the form of the tall ruderal habitat, hedgerow and tree line. The wider Site offers potential for

common reptiles to be present in the hedgerows and marshy grassland.

A.2.2.7 Other Protected or Notable Species

No evidence of water vole (Arvicola amphibius) or otter (Lutra lutra), in the form of feeding remains, spraints,

burrows, or footprints, were observed along the course of the stream which passes through the northern part

of the Site. Rabbit burrows were observed within the hedgerow along the eastern boundary.

Mott MacDonald 42

B. Phase 1 Habitat Survey Map and Target Notes

Mott MacDonald 43

Mott MacDonald 44

Table 11: Phase 1 Survey Target Notes

Target Note Details Photo

1 Tall ruderal vegetation with reptile potential

8

2 Hedgerow with reptile potential and bat foraging and commuting potential

4

3 Row of semi-mature trees with bat foraging and commuting potential

7

4 Rabbit burrows 9

Mott MacDonald 45

C. Photographs

Photo 17: Amenity grassland Photo 18: Building on site

Photo 19: Waste treatment structures Photo 20: Hardstanding and eastern boundary hedgerow

Mott MacDonald 46

Photo 21: Adjacent pasture fields and small stream north of Site

Photo 22: Occasional elder tree north of the Site

Mott MacDonald 47

Photo 23: Row of trees forming southern boundary

Photo 24: Area of tall ruderal vegetation

Mott MacDonald 48

Photo 9: Rabbit burrows

Mott MacDonald 49

Legislation and Policy

D.1 General Legislation and Policy Overview

D.1.1 The Conservation of Habitats and Species Regulations 2010 (as amended)

The Conservation of Habitats and Species Regulations 2010 (as amended) consolidate all the various

amendments made to the Conservation (Natural Habitats, &c.) Regulations 1994 in respect of England and

Wales. The 1994 Regulations transposed Council Directive 92/43/EEC on the conservation of natural

habitats and of wild fauna and flora (EC Habitats Directive) into national law.

The Regulations place duty upon the relevant authority of the UK government to identify sites which are of

importance to the habitats and species listed in Annexes I and II of the Habitats Directive. Those sites which

meet the criteria are, in conjunction with the European Commission, designated as Sites of Community

Importance, which are subsequently identified as Special Areas of Conservation (SAC) by the European

Union member states. The regulations also place a duty upon the UK government to maintain a register of

European protected sites designated as a result of EC Directive 79/409/EEC on the Conservation of Wild

Birds (The Birds Directive). These sites are termed Special Protection Areas (SPA) and, in conjunction with

SACs, form a network of sites known as Natura 2000.

The Regulations make it an offence (subject to exceptions) to deliberately capture, kill, disturb, or trade in the

animals listed in Schedule 2, or pick, collect, cut, uproot, destroy, or trade in the plants listed in Schedule 4.

However, these actions can be made lawful through the granting of licenses by the appropriate authorities.

Licenses may be granted for a number of purposes (such as science and education, conservation,

preserving public health and safety), but only after the appropriate authority is satisfied that there are no

satisfactory alternatives and that such actions will have no detrimental effect on wild populations of the

species concerned.

D.1.2 The Wildlife and Countryside Act (WCA) 1981 (as amended)

The WCA, as amended, consolidates and amends pre-existing national wildlife legislation in order to

implement the Bern Convention and the Birds Directive. It complements the Conservation of Habitats and

Species Regulations 2010 (as amended) offering protection to a wider range of species. The Act also

provides for the designation and protection of national conservation sites of value for their floral, faunal or

geological features, termed Sites of Special Scientific Interest (SSSIs). Schedules of the Act provide lists of

protected species, both flora and fauna, and detail the possible offences that apply to these species. All

relevant species-specific legislation is detailed later in this Appendix.

D.1.3 The Countryside and Rights of Way (CRoW) Act 2000

The CROW Act, introduced in England and Wales in 2000, amends and strengthens existing wildlife

legislation detailed in the WCA. It places a duty on government departments and the National Assembly for

Wales to have regard for biodiversity, and provides increased powers for the protection and maintenance of

SSSIs. The Act also contains lists of habitats and species (Section 74) for which conservation measures

should be promoted, in accordance with the recommendations of the Convention on Biological Diversity (Rio

Earth Summit) 1992.

D.1.4 Natural Environment and Rural Communities Act (NERC) 2006

The Natural Environment and Rural Communities Act 2006 requires public bodies, including local authorities,

‘to have regard to the conservation of biodiversity in England’ when carrying out their normal functions. Also

http://www.opsi.gov.uk/si/si2010/uksi_20100490_en_1http://www.opsi.gov.uk/si/si2010/uksi_20100490_en_1

Mott MacDonald 50

under this Act a list of species of ‘principal importance ton biodiversity within England’ was drawn up which

acts as an aid to guide public bodies in implementing their duty. The Local Authority therefore must consider

the impact on protected species of the proposed residential development. The enhancements recommended

within the recommendations section of this report illustrate ways in which this Biodiversity Duty can be met.

D.2 National Planning Policy Framework

At national level, Section 11 of the National Planning Policy Framework (NPPF), which relates to conserving

and enhancing the natural environment, requires Local Authorities in England to take measures to:

Protect the habitats of these species from further decline;

Protect the species from the adverse effect of development; and,

Refuse planning permission for development that harms these species unless the need for, or benefit of, the

development clearly outweighs that harm.

Planners must ensure that they comply with wildlife legislation by fully assessing the potential impacts on

protected species and habitats from the proposed development. This assessment must be finalised prior to

planning permission and must be submitted with the planning application. The Planning Authority can then

ensure that the necessary protected species and habitats surveys have been completed.

D.3 UK Biodiversity Framework

The UK Post-2010 Biodiversity Framework covers the period 2011 - 2020 and replaces the UK Biodiversity

Action Plan (UKBAP) 1994 – 2010. Its aim is to address the underlying causes of biodiversity loss and

improve and enhance biodiversity and ecosystem services. The UKBAP contains a list of priority habitats

and species of conservation concern in the UK, and outlines biodiversity initiatives designed to enhance their

conservation status. The UKBAP priority habitats and species background information is still widely used at

country level and as a material consideration in the planning process. Local BAPs (LBAPs) are also still

widely used which complement the UKBAP targeted towards species of conservation concern characteristic

of each county.

D.4 Designated Sites Legislation

D.4.1 Ramsar Sites

Ramsar sites are designated under the Convention on Wetlands of International Importance, agreed in

Ramsar, Iran, in 1971. Originally intended to protect sites of importance especially as waterfowl habitat, the

Convention has broadened its scope over the years to cover all aspects of wetland conservation and wise

use, recognizing wetlands as ecosystems that are extremely important for biodiversity conservation in

general and for the well-being of human communities. The Convention adopts a broad definition of wetland,

namely "areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with

water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at

low tide does not exceed six metres". Wetlands "may incorporate riparian and coastal zones adjacent to the

wetlands, and islands or bodies of marine water deeper than six metres at low tide lying within the wetlands".

Ramsar sites will be one of six designations contributing to our ecologically coherent network of Marine

Protected Areas.

The UK's ratification of the Convention extends to its Overseas Territories and Crown Dependencies.

D.4.2 Natura 2000

Natura 2000 is the name of the European Union-wide network of nature conservation sites established under

the EC Habitats and Birds Directives. This network will comprise Special Areas of Conservation (SACs) and

Mott MacDonald 51

Special Protection Areas (SPAs). Marine Natura 2000 sites contribute to our ecologically coherent network of

Marine Protected Areas.

D.4.2.1 Special Areas of Conservation (SAC)

SACs are designated under the EC Habitats Directive. The Directive applies to the UK and the overseas

territory of Gibraltar. SACs are areas which have been identified as best representing the range and variety

within the European Union of habitats and (non-bird) species listed on Annexes I and II to the Directive.

SACs in terrestrial areas and territorial marine waters out to 12 nautical miles are designated under the

Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) and beyond 12 nautical miles are

designated under the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 (as amended).

SACs will be one of six designations contributing to our ecologically coherent network of Marine Protected

Areas.

Sites which have been submitted to the European Commission by Government, but not yet formally adopted

by the Commission, are referred to as candidate Special Areas of Conservation (cSACs). Sites which have

been adopted by the EC, but not yet formally designated by governments of Member States are known as

Sites of Community Importance (SCIs). In the UK, designation of SACs is devolved to the relevant

administration within each country. In UK offshore waters JNCC is responsible for identification and

recommendation to Government of SACs.

D.4.2.2 Special Protection Areas (SPAs)

SPAs are classified by the UK Government under the EC Birds Directive. The Directive applies to the UK

and the overseas territory of Gibraltar. SPAs are areas of the most important habitat for rare (listed on

Annex I to the Directive) and migratory birds within the European Union. SPAs in terrestrial areas and

territorial marine waters out to 12 nautical miles are classified under the Wildlife and Countryside Act 1981

and beyond 12 nautical miles are designated under the Offshore Marine Conservation (Natural Habitats &c.)

Regulations 2007 (as amended). SPAs will be one of six designations contributing to our ecologically

coherent network of Marine Protected Areas.

D.4.3 Sites of Special Scientific Interest

Sites of Special Scientific Interest (SSSI) (England, Scotland and Wales) have developed since 1949 as the

national suite of sites providing statutory protection for the best examples of the UK's flora, fauna, or

geological or physiographical features. These sites are also used to underpin other national and

international nature conservation designations. Most SSSIs are privately-owned or managed; others are

owned or managed by public bodies or non-government organisations. The SSSIs designation may extend

into intertidal areas out to the jurisdictional limit of local authorities, generally Mean Low Water in England

and Northern Ireland; Mean Low Water of Spring tides in Scotland. In Wales, the limit is Mean Low Water for

SSSIs notified before 2002, and, for more recent notifications, the limit of Lowest Astronomical Tides, where

the features of interest extend down to LAT. There is no provision for marine SSSIs beyond low water mark,

although boundaries sometimes extend more widely within estuaries and other enclosed waters. Under the

Marine and Coastal Access Act 2009 there is the ability to de-designate an area of a SSSI in England or

Wales that is below the low water mark if it would be more appropriately managed as a Marine Conservation

Zone. SSSIs will be one of six designations contributing to our ecologically coherent network of Marine

Protected Areas.

Originally notified under the National Parks and Access to the Countryside Act 1949, SSSIs have been re-

notified under the Wildlife and Countryside Act 1981. Improved provisions for the protection and

management of SSSIs were introduced by the Countryside and Rights of Way Act 2000 (in England and

Wales) and the Nature Conservation (Scotland) Act 2004.

Mott MacDonald 52

D.4.4 National Nature Reserves (NNRs)

NNRs contain examples of some of the most important natural and semi-natural terrestrial and coastal

ecosystems in Great Britain. They are managed to conserve their habitats or to provide special opportunities

for scientific study of the habitats communities and species represented within them. NNRs are declared by

the statutory country conservation agencies under the National Parks and Access to the Countryside Act

1949 and the Wildlife and Countryside Act 1981.

D.4.5 Local Nature Reserves (LNRs)

Local Nature Reserves (LNRs) (in England, Scotland and Wales) may be declared by local authorities under

the National Parks and Access to the Countryside Act 1949 after consultation with the relevant statutory

nature conservation agency. LNRs are declared and managed for nature conservation, and provide

opportunities for research and education, or simply enjoying and having contact with nature.

D.4.6 Wildlife Sites

Local authorities for any given area may designate certain areas as being of local conservation interest. The

criteria for inclusion, and the level of protection provided, if any, may vary between areas. Most individual

counties have a similar scheme, although they do vary.

These sites, which may be given various titles such as 'Listed Wildlife Sites' (LWS), 'Local Nature

Conservation Sites' (LNCS), 'Sites of Importance for Nature Conservation' (SINCs), or Sites of Nature

Conservation Importance' (SNCIs), together with statutory designations, are defined in local and structure

plans under the Town and Country Planning system and are a material consideration when planning

applications are being determined.

D.5 Species-Specific Legislation

D.5.1 Breeding Birds

All breeding birds are protected under the Wildlife and Countryside Act 1981 (as amended), which prohibits

the intentional killing, injuring or taking of any wild bird (and) the taking, damaging or destroying eggs or of

the nest (whilst being built or in use). Schedule 1 bird species are afforded greater protection under the

Wildlife and Countryside Act 1981 (as amended). It is an offence to disturb Schedule 1 birds or the

dependant young of Schedule 1 birds in the vicinity of their nest site. UK bird species can be split into three

categories of conservation importance – red, amber and green. Red is the highest conservation priority, with

species needing urgent action. Amber is the next most critical group, followed by green.

D.5.2 Bats

All bat species are protected under the Conservation of Habitat and Species Regulations 2010. This means it

is illegal to intentionally or deliberately kill, injure, disturb or capture these species or damage, destroy or

obstruct access to any structure, breeding or resting place used by them.

D.5.3 Badgers

Badgers and their setts are protected under the Protection of Badgers Act 1992, which makes it illegal for

any person to kill, injure or take a badger. It is also an offence to destroy, damage or obstruct a badger’s sett,

or to disturb animals whilst within a sett. The Act defines a sett as ‘any structure or place which displays

signs of current use by a badger.’ Setts are defined by English Nature (1995) as ‘usually underground tunnel

systems providing shelter for badgers, but may include other structures used by badgers such as hay bales,

drainage culverts, or cellars.’ In June 2009 Natural England produced guidance on what is deemed ‘current

Mott MacDonald 53

use’ with the report concluding that a sett may become inactive within a period weeks, but that other freshly

found field signs should be a major deciding factor.

D.5.4 Reptiles

Reptiles have varying degrees of protection under the Wildlife and Countryside Act 1981 (as amended). The

four wide spread species of reptiles are protected under Schedule 5. This means it is prohibited to

intentionally kill, injure or trade the common lizard (Lacerta vivipara), slow-worm (Anguis fragilis), grass

snake (Natrix natrix) and adder (Vipera berus).

D.5.5 Great Crested Newt

Great crested newts (GCN) are fully protected under the Conservation of Habitat and Species Regulations

2010 (as amended) and the Wildlife and Countryside Act 1981 (as amended). This means that is an offence

to intentionally or recklessly kill, injure or take GCN. In addition the following are also in breach of the

legislation: To possess or control any live or dead specimen or anything derived from a GCN; to intentionally

or recklessly damage, destroy or obstruct access to any structure or place used as shelter or protection by a

GCN; to intentionally or recklessly disturb a GCN while it is occupying a structure or place, which it uses for

that purpose. The legislation applies to all life stages of great crested newts.

D.5.6 Invasive Species

It is not against the law to have invasive species on your land. Due to the destructive nature of invasive

weeds however, it is against the law to aid the spread of such weeds.

The Wildlife and Countryside Act 1981 is the principal legislation which regulates the release of non-native

species. Section 14(2) prohibits the release of certain invasive non-nati

Technical Note - Caulmert€¦ · Mott MacDonald 2 alder (Alnus glutinosa), ash (Fraxinus...

Documents

Transcript of Technical Note - Caulmert€¦ · Mott MacDonald 2 alder (Alnus glutinosa), ash (Fraxinus...