Great Crested Newt Survey

Transcription

1 Contract No: 1516/26/6 Great Crested Newt Survey Land at Barty Farm, Bearsted Survey Report to: Crabtree and Crabtree (Bearsted) Ltd L. D. Brady 26 th May 2017 Dr. Lee Brady, 2017

2 COPYRIGHT Copyright of all information generated by Calumma Ecological Services remains with Dr. Lee Brady. The contents of this document must not be copied or reproduced in whole or in part for any purpose without the written consent of Calumma Ecological Services. This report may contain sensitive information relating to the presence of protected species. Such information must not be disseminated without the prior consent of Calumma Ecological Services

3 Contents 1. SUMMARY... 3! 2. SITE LOCATION AND ASSESSMENT... 4! 3.!LEGAL PROTECTION... 6! 3.1 AMPHIBIANS... 6! 3.2 THE NATIONAL PLANNING POLICY FRAMEWORK... 6! 4. METHODS... 7! 4.1 AQUATIC HABITAT SURVEY... 7! 4.2 PERSONNEL... 8! 5.!RESULTS AND INTERPRETATION... 10! 5.1 AMPHIBIAN ASSESSMENT... 10! 6. IMPACT ASSESSMENT... 15! 6.1 GREAT CRESTED NEWT RISK ASSESSMENT... 15! 7. REFERENCES AND FURTHER READING... 18! APPENDIX I: GREAT CRESTED NEWT SURVEY RESULTS ! - 2 -

4 1. Summary Background 1.1 Land at Barty Farm, Bearsted has been proposed for a residential development project. 1.2 Amphibian survey work was undertaken in 2014 & 2016 with a method statement prepared in Spring 2017 to detail suitable mitigation recommendations. 1.3 Following management work of the main breeding pond in January 2017, potential newt sheltering places around the margins of the pond were disturbed. An updated amphibian survey assessment was therefore undertaken. Amphibians 1.4 Survey work undertaken in 2014 & 2016 revealed the presence of a Medium breeding population of great crested newt. Two ponds were found to be occupied, with the closest located within 75 m of the proposed development site boundary. 1.5 Survey work undertaken in 2017 found that the population of great crested newt occupying the main breeding pond (WBH) had decreased from Medium to Small. Great crested newt was not found to occupy the small pond (WB). 1.6 Both ponds were found to support populations of smooth newt and palmate newt throughout the survey period

5 2. Site Location and Assessment Site Name: Land at Barty Farm, Bearsted - the site; Fig. 2.1 Grid Reference: TQ County: Planning Authority: Kent Maidstone Borough Council Client: Proposed Disturbance: Planning Application: Survey Request: Crabtree and Crabtree (Bearsted) Ltd Residential development 14/506738/OUT Great crested newt population assessment Surveyor: Lee Brady PhD, BSc (Hons), MCIEEM For and on behalf of Calumma Ecological Services Amphibian Survey Period: Limitations: 21 March 23 May 2017 (6 survey sessions) The assessment was undertaken following best practice guidelines and expert opinion. Lack of observations does not necessarily confirm absence

6 Fig. 2.1 Land at Barty Farm, Bearsted, Kent (TQ ) drawing no: 1516/26/6/2.1 project: Barty Farm Reproduced from the 1:25000 Ordnance Survey map with the permission of Ordnance Survey on behalf of The Controller of Her Majesty s Stationary Office. Crown copyright. Dr. Lee Brady AL title: Site Location scale: N.T.S. date: May Woodside Cottages, Dunkirk, Kent ME13 9NY Tel/Fax: info@calumma.co.uk

7 3. Legal Protection The legal protection of animals and plants in the United Kingdom is governed by several different regulations and conventions. Principally, these include: The Wildlife & Countryside Act 1981 as amended by the Countryside and Rights of Way Act 2000 and The Habitats and Species Directive (92/43/EC) enacted through the Conservation of Habitats and Species Regulations Development works affecting listed species are subject to a licence granted by an appropriate authority. This authority is currently Natural England. 3.1 Amphibians All native amphibians are listed on Schedule 5 of the Wildlife and Countryside Act 1981 (WCA 1981). It is an offence for anyone to sell or offer for sale any native amphibian species without a licence. The great crested newt and natterjack toad, their breeding sites (typically ponds) or resting places (any terrestrial structure that offers refuge) are protected under Regulation 41 of The Conservation of Habitats and Species Regulations It is an offence for anyone to intentionally kill, injure or handle either of these two species, to possess an animal (whether live or dead), deliberately disturb a sheltering animal, or sell or offer an animal for sale without a licence. It is also an offence to damage, destroy or obstruct access to any place used by natterjack toads or great crested newts for shelter. 3.2 The National Planning Policy Framework The National Planning Policy Framework (2012) (NPPF) has recently reformed the planning system, to make it less complex and more accessible, to protect the environment and to promote sustainable growth. Regarding Conserving and enhancing the natural environment, when determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying a number of principles. With particular relevance to this project, opportunities to incorporate biodiversity in and around developments should be encouraged

8 4. Methods 4.1 Aquatic Habitat Survey Since great crested newt can move considerable distances from their breeding pond, mitigation guidelines advise that waterbodies within 500 m of a proposed development site should be considered when determining the likely presence of this protected species (English Nature, 2001). Although these guidelines are still valid, more recent advice offered by Natural England (formally English Nature), suggests that for many development projects survey work is only required within 250 m of a development site. Large projects or projects where there is good connectivity between ponds, high quality terrestrial habitat and high anticipated impacts on newt populations may still require more extensive surveys. "In keeping with a proportionate and risk-based approach, surveys need reasonable boundaries. The Great crested newt mitigation guidelines explain that surveys of ponds up to around 500m from the development might need to be surveyed. The decision on whether to survey depends primarily on how likely it is that the development would affect newts using those ponds. For developments resulting in permanent or temporary habitat loss at distances over 250m from the nearest pond, carefully consider whether a survey is appropriate. Surveys of land at this distance from ponds are normally appropriate when all of the following conditions are met: (a) maps, aerial photos, walk-over surveys or other data indicate that the pond(s) has potential to support a large great crested newt population, (b) the footprint contains particularly favourable habitat, especially if it constitutes the majority available locally, (c) the development would have a substantial negative effect on that habitat, and (d) there is an absence of dispersal barriers." Waterbodies within the study area were previously identified from OS map and ground truthing. Survey work undertaken in 2014 and 2016 found that two ponds supported great crested newt. Waterbodies identified within the study area are illustrated in Fig Aquatic Habitat Surveys In 2017, data was collected that allows a Habitat Suitability Index (HSI) to be calculated (Brady, 2014; after Oldham et. al., 2000). This is represented by a number from 0 to 1, the higher the number the more likely the pond is to support breeding great crested newt. Data collected over several years by Calumma Ecological Services has confirmed that the HSI is a tool that can be used to accurately predict the likely presence of great crested newt. In order to facilitate interpretation of a waterbody s HSI, calculated scores are accompanied by a subjective description that reflects the quality of habitat and likely presence of great crested newts Great Crested Newt Population Assessment Following an initial visual assessment, a careful search of aquatic vegetation was made to locate folded leaves likely to enclose newt eggs. Great crested newt embryos are larger and paler than those of smooth and palmate newts, and egg searching is considered a very efficient method for determining the presence of breeding great crested newt (Griffiths and Inns, 1998). Terrestrial habitat surrounding each pond was inspected and in-situ refugia (logs - 7 -

9 etc.) searched where available. The surveyed ponds were visited on up to seven occasions (Table 4.1). On each visit, the surveyed ponds were searched for eggs and torched (following English Nature, 2001; Griffiths, Raper and Brady, 1996). Bottle trapping was also deployed in both ponds. For the widespread amphibian species, population sizes were estimated using the SSSI scoring criteria described by Beebee and Grayson (1998). Great crested newt population sizes are categorised using criteria described by English Nature (2001). Month Date Visited Survey Sessions per Month March 21 1 April 6, 18 2 May 3, 9, 16, 23 4 Table 4.1. Dates for aquatic survey visits during Limitations of Great Crested Newt Survey Calumma Ecological Services is confident that survey work was sufficient for determining likely presence and relative population sizes of great crested newt in all accessible ponds. 4.2 Personnel All survey work was undertaken by Dr. Lee Brady (for and on behalf of Calumma Ecological Services)

10 Fig. 4.1 Waterbodies Figure illustrates ponds known to occur within English Nature (2001) recommended area of search for great crested newt. All suitable ponds with access permission located within 500 m were surveyed. For ponds located more than 250 m from a proposed development, Natural England recommends that survey work is most appropriate when (a) the pond has the potential to support a large population, (b) the development includes particularly favourable habitat, (c) the development will have a significant impact on available habitat, (d) there is an absence of dispersal barriers. 1 km G C J H K I D2 D1 L drawing no: project: Barty Farm 1516/26/6/4.1 Reproduced from the 1:25000 Ordnance Survey map with the permission of Ordnance Survey on behalf of The Controller of Her Majesty s Stationary Office. Crown copyright. Dr. Lee Brady AL Key to Symbols E title: Waterbodies scale: N.T.S. date: May 2017 Surveyed pond unsurveyed pond filled/dry pond 250/500 m radius 13 Woodside Cottages, Dunkirk, Kent ME13 9NY Tel/Fax: info@calumma.co.uk

11 5. Results and Interpretation 5.1 Amphibian Assessment Amphibian survey work confirmed the presence of smooth newt, palmate newt and great crested newt in WBH. Smooth newt and palmate newt were both confirmed present in WB. Amphibian survey results are detailed in Appendix I. The criteria used to evaluate candidate Sites of Special Scientific Interest (Beebee and Grayson, 1998) have previously been used to calculate an overall score of 6 for the amphibian assemblage recorded in ponds located at Barty Farm. In 2017, this score had dropped to 5 (Table 5.2). A score of 5 is less than the 10 needed for Site of Special Scientific Interest (SSSI) recommendation. The Kent Wildlife Trust (KWT) has adopted the principles of the SSSI evaluation criteria in the selection of Local Wildlife Sites for amphibians (Kent Wildlife Trust, 2005). Criteria used to select Local Wildlife Sites based on amphibian assemblages include the following: 1. All sites with an exceptional (or large) population of great crested newt. 2. Sites that score 5 or more on the SSSI scoring system described by Beebee and Grayson (1998). 3. A site may be defined as a single waterbody or a collection of waterbodies supporting a metapopulation of one or more species. 4. Where a site has been selected based on its amphibian assemblage, the boundary should include (a) semi-natural vegetation immediately adjacent to the pond OR (b) where great crested newt is present, areas of semi-natural vegetation linking nearby ponds where this vegetation is considered critical to the functioning of a metapopulation. 5. Where a great crested newt breeding pond is adjacent to an existing or proposed Wildlife Site, the pond should be included within the Wildlife Site boundary. In 2017, Barty Farm had an amphibian assemblage score of 5 and therefore still achieves the minimum criteria needed to qualify as a Local Wildlife Site for amphibians. Ponds occupied by great crested newt are illustrated in Fig. 5.1 & 5.2. Common Frog: Not recorded from surveyed waterbodies in Marsh Frog: Not recorded from surveyed waterbodies in Common Toad: Not recorded from surveyed waterbodies in Smooth Newt: Recorded in both of the surveyed ponds with a relative population size that is considered Medium. Highest counts were made in Pond H

12 Palmate Newt: Recorded in both of the surveyed ponds with a relative population size that is considered Medium. Counts in both ponds were the same. Great Crested Newt: Recorded in only one of the surveyed ponds (WBH), with a maximum adult count of 10 great crested newts revealing that the overall relative population size in 2017 was Small. The confirmed presence of great crested newt indicates that proposed development land offers 'intermediate' terrestrial habitat for this species. Newts could forage, shelter and disperse across suitable terrestrial habitat located within the proposed development site. Alpine Newt: Not recorded from surveyed waterbodies in WB Grid Reference HSI Score GCN Habitat Suitability Notes H TQ Excellent Distance: 210 m. Surrounding scrub removed by landowner in January Medium population of gcn confirmed in 2014 & Small population of gcn found in TQ Average Distance: 75 m. Small pond in sheep grazed field. Appears ephemeral. Crassula observed. Small population of gcn confirmed in 2014 & GCN not confirmed present in Table 5.1. Habitat suitability summary for accessible waterbodies (WB) located in survey area. All specified distances measured from pond to edge of proposed development. Habitat Suitability Index (HSI) and predicted GCN habitat suitability adapted from Oldham et. al. (2001)

13 WB Maximum Adult Count Common Frog Common Toad Smooth Newt Palmate Newt GCN H Population Size Class (2017): Population Score (2017): Species Count Score Total Amphibian Assemblage Score: - - Medium Medium Small (3 species) 5 Table 5.2. Amphibian survey results for ponds located within the survey area. Figures represent maximum number of adult observations within single survey session. Population size classes estimated using criteria published by English Nature (2001) and Beebee and Grayson (1998)

14 Fig. 5.1 Great Crested Newt Ponds found to support great crested newt in 2017 illustrating intermediate (<250 m) and distant (<500 m) terrestrial habitat. Newts occupying ponds located within 250 m of each other are considered to form a single breeding population. Great crested newt was found to occupy WB in The great crested newt population in WBH has decreased from Medium to Small between 2016 and km H drawing no: 1516/26/6/5.1 project: Barty Farm Reproduced from the 1:25000 Ordnance Survey map with the permission of Ordnance Survey on behalf of The Controller of Her Majesty s Stationary Office. Crown copyright. Dr. Lee Brady AL title: Great Crested Newt scale: N.T.S. date: May 2017 Key to Symbols occupied pond terrestrial observation small population medium population large population 13 Woodside Cottages, Dunkirk, Kent ME13 9NY Tel/Fax: info@calumma.co.uk

15 Fig. 5.2 Site Photographs Figure illustrates habitat features located within the study area in The proposed development land includes grassland that is heavily grazed by sheep and mostly characterised by a short sward. Conditions observed in 2017 were broadly similar to those observed since Although dominated by a short sward, proposed development land located within 100 m of pond and 250 m of pond H includes some potential foraging and sheltering habitat for great crested newt. drawing no: 1516/26/6/5.2 project: Barty Farm title: Terrestrial Habitat scale: N.T.S. date: May 2017 Survey work undertaken in 2014 & 2016 confirmed a medium breeding population of great crested new in pond H. At this time the pond was surrounded by scrub (inset). Survey work in 2017 revealed only a small population of great crested newt. Management work undertaken by the landowner during January 2017 removed surrounding scrub. Survey work indertaken in 2014 and 2016 confirmed a small population of great crested newt in pond H. Great crested newt was not observed in this pond in Water levels were found to be very low in 2017 and the pond continues to be infested with invasive Crassula (inset). 13 Woodside Cottages, Dunkirk, Kent ME13 9NY Tel/Fax: info@calumma.co.uk

16 6. Impact Assessment 6.1 Great Crested Newt Risk Assessment Natural England has published a risk assessment tool for determining whether development activities are likely to result in significant disturbance to great crested newt. Natural England advise: This risk assessment tool has been developed as a general guide only, and it is inevitably rather simplistic. It has been generated by examining where impacts occurred in past mitigation projects, alongside recent research on newt ecology. It is not a substitute for a sitespecific risk assessment informed by survey. In particular, the following factors are not included for sake of simplicity, though they will often have an important role in determining whether an offence would occur: population size, terrestrial habitat quality, presence of dispersal barriers, timing and duration of works, detailed layout of development in relation to newt resting and dispersal. The following factors could increase the risk of committing an offence: large population size, high pond density, good terrestrial habitat, low pre-existing habitat fragmentation, large development footprint, long construction period. The following factors could decrease the risk: small population size, low pond density, poor terrestrial habitat, substantial pre-existing dispersal barriers, small development footprint, short construction period. You should bear these mitigating and aggravating factors in mind when considering risk. It is critical that, even if you decide not to apply for a licence, you ensure that any development takes account of potential newt dispersal. Where great crested newts are present, landuse in that area must ensure there is adequate connectivity. Retaining and improving connectivity will often involve no licensable activities. Survey work undertaken in 2017 has revealed that one pond located within 250 m of the proposed development site supports a Small population of great crested newt. Based on 2017 survey results a risk assessment is detailed below: Component Likely effect (select one for each component; select the most harmful option if more than one is likely; lists are in order of harm, top to bottom) Notional offence probability score Great crested newt breeding pond(s) No effect 0 Land within 100m of any breeding pond(s) No effect 0 Land m from any breeding pond(s) ha lost or damaged 0.3 Land >250m from any breeding pond(s) 1-5 ha lost or damaged 0.04 Individual great crested newts Killing or injuring newts 0.8 Maximum: 0.8 Rapid risk assessment result: RED: OFFENCE HIGHLY LIKELY

17 For development related projects, Natural England advise: "Red: offence highly likely" indicates that the development activities are of such a type, scale and location that an offence is highly likely. In this case, you should attempt to re-design the development location, layout, timing, methods or duration in order to avoid impacts (see Non-licensed avoidance measures tool), and re-run the risk assessment. You may also wish to run a site-specific risk assessment to check that this is a valid conclusion. If you cannot avoid the offences, then a licence should be applied for Great Crested Newt Impact Assessment The proposed development site includes land with an overall area of ~3.76 Ha. Of this, 0.57 Ha is located within 250 m of Pond H. Land within the proposed development site does not include a pond and construction work will not have a direct impact on breeding habitat. Terrestrial habitat within the proposed development site is mainly comprised of short sward sheep grazed grassland. Whilst this habitat offers only limited potential for sheltering newts, it could be used for foraging and does not present an obstacle to dispersal. A small bank along the northern boundary includes rabbit burrows and areas of longer vegetation. Such habitat offers newts potential sheltering places. Individual newts that breed in WBH are able to disperse across the proposed development site. Without appropriate mitigation, animals dispersing during the construction period will be disturbed and possibly killed or injured. Piles of building material could provide temporary sheltering habitat for newts increasing the risk of individual animals being killed or injured. The updated relative population size of Small means that the number of animals likely to be impacted is now considered likely to be very low. Long term impacts include an increased risk of road mortality and potential trapping of migrating newts in gully pots. The scale of impact of proposed development work on the great crested newt population is considered Medium. Appropriate mitigation will be required Great Crested Newt Mitigation Licence Despite the drop in relative population size, implementation of mitigation works will still be dependent upon successful application for a great crested newt mitigation licence. Natural England is responsible for determining licence applications to capture or disturb European protected species whilst undertaking mitigation works associated with development, agriculture or general land management

18 Licences will only be issued in respect of development when three key tests have been satisfied: 1. The project is for the purpose of preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment. 2. There is no satisfactory alternative 3. The authorised action will not be detrimental to the maintenance of the population of the species at a favourable conservation status in their natural range. Detailed great crested newt mitigation guidelines have been published by English Nature (2001) Other Widespread Amphibian Species Smooth newt and palmate newt have also been found to occupy both ponds. Mitigation for widespread amphibian species can be achieved through the same actions undertaken for great crested newts

19 7. References and Further Reading Brady, L. D. (2016) Herpetofauna Survey. Land at Barty Farm, Bearsted. Calumma Ecological Services

20 Appendix I: Great Crested Newt Survey Results 2017 Source: Calumma Ecological Services

21 H Survey Summary [2017] Site Name Grid Reference: Vice County: Natural Area: Barty Farm, Bearsted H TQ East Kent Wealden Greensand Species Observed in H During 2017: Great Crested Newt, Palmate Newt, Small Newt Sp., Smooth Newt Habitat Suitability Index: GCN Survey Summary: HSI Score: 0.81 Survey Sessions (Torch/Trap): 7 Likely Presence of GCN: Excellent Maximum Adult Count: 10 Population Status: Low Summary Waterbody Description: Pond in field that is grazed by horses and sheep. Water levels very low in May Great Crested Newt Survey Results WB# H H H LB1A 21/3/2017 LB1A 21/3/2017 LB2A 6/4/ Bottle Trap Torch Bottle Trap H LB2A 6/4/ Torch 2 H H H H H Session Date LB3A 18/4/2017 LB3A 18/4/2017 LB4A 3/5/2017 LB4A 3/5/2017 LB5A 9/5/2017 Air Temp Water Temp Turbidity Method Bottle Trap Torch Bottle Trap Torch Bottle Trap H LB5A 9/5/ Torch 1 Count Male Female Imm H LB6A 16/5/ Bottle Trap 1 2 H LB6A 16/5/ Torch 8 2 H LB7A 23/5/ Torch 4 1 Shoreline (%): 100 Vegetation (%): # Traps: Eggs 16 Larvae Date Of Last Modification: 26/05/2017 Calumma Ecological Services Reference: 1516/26 Dr. Lee Brady, Calumma Ecological Services

22 Survey Summary [2017] Site Name Grid Reference: Vice County: Natural Area: Barty Farm, Bearsted TQ East Kent Wealden Greensand Species Observed in During 2017: Palmate Newt, Small Newt Sp., Smooth Newt Habitat Suitability Index: GCN Survey Summary: HSI Score: 0.66 Survey Sessions (Torch/Trap): 7 Likely Presence of GCN: Average Maximum Adult Count: Population Status: Absent Summary Waterbody Description: Small pond in horse grazed field (2017). Shaded by large tree. Water levels very low in 2017, preventing bottle trapping later in the season. Great Crested Newt Survey Results WB# Session Date LB1A 21/3/2017 LB1A 21/3/2017 LB1A 21/3/2017 LB2A 6/4/2017 LB2A 6/4/2017 LB3A 18/4/2017 LB3A 18/4/2017 LB4A 3/5/2017 LB4A 3/5/2017 LB5A 9/5/2017 LB5A 9/5/2017 LB6A 16/5/2017 LB7A 23/5/2017 Air Temp Water Temp Turbidity Method Bottle Trap Egg Search Torch Bottle Trap Torch Bottle Trap Torch Bottle Trap Torch Bottle Trap Torch Torch Torch Count Male Female Imm Shoreline (%): 100 Vegetation (%): 90 # Traps: 6 Eggs Larvae Date Of Last Modification: 26/05/2017 Calumma Ecological Services Reference: 1516/26 Dr. Lee Brady, Calumma Ecological Services

23 is an independent wildlife consultancy specialising in the applied conservation of amphibians and reptiles. Calumma Ecological Services offers a full range of specialist services to private companies, local authorities, government agencies, wildlife organisations and members of the public. Calumma Ecological Services works towards the policy of best practice advocated by ARG UK (formally known as Herpetofauna Groups of Britain and Ireland). For more details please contact: Dr. Lee Brady, Calumma Ecological Services, 13 Woodside Cottages, Dunkirk, Faversham, Kent ME13 9NY Tel/Fax: info@calumma.co.uk Printed by Calumma Ecological Services