BIRCHALL GARDEN SUBURB WELWYN GARDEN CITY HERTFORDSHIRE Great Crested Newt Survey Report Prepared for: Tarmac Ltd SLR Ref: 404.05731.00043 Version No: 1 June 2017 Tarmac Ltd Birchall Garden Suburb – Great Crested Newt Survey Report 404.05731.00043 Filename: 170607 404.05731.00043 BGS – GCN Survey Final June 2017 BASIS OF REPORT This document has been prepared by SLR Consulting Limited with reasonable skill, care and diligence, and taking account of the manpower, timescales and resources devoted to it by agreement with Tarmac Ltd (the Client) as part or all of the services it has been appointed by the Client to carry out. It is subject to the terms and conditions of that appointment. SLR shall not be liable for the use of or reliance on any information, advice, recommendations and opinions in this document for any purpose by any person other than the Client. Reliance may be granted to a third party only in the event that SLR and the third party have executed a reliance agreement or collateral warranty. Information reported herein may be based on the interpretation of public domain data collected by SLR, and/or information supplied by the Client and/or its other advisors and associates. These data have been accepted in good faith as being accurate and valid. The copyright and intellectual property in all drawings, reports, specifications, bills of quantities, calculations and other information set out in this report remain vested in SLR unless the terms of appointment state otherwise. This document may contain information of a specialised and/or highly technical nature and the Client is advised to seek clarification on any elements which may be unclear to it. Information, advice, recommendations and opinions in this document should only be relied upon in the context of the whole document and any documents referenced explicitly herein and should then only be used within the context of the appointment. . Taarmac Ltd Birchall Garden Suburb – Great Creested Newt Survey Report 404.05731.000043 Filename: 170607 404.05731.000433 BGS – GCN Survvey Final June 20017 CONTTENTS 1.0 INNTRODUCTION ..................................................................................................................... 1 1.1 BBackground ....................................................................................................................................... 1 1.2 LLegislative annd Planning CContext ..................................................................................................... 1 1.3 SStudy Aims annd Objectives ............................................................................................................... 2 2.0 MMETHODOLOOGY .................................................................................................................... 3 2.1 SStudy Area annd Main Habitats .......................................................................................................... 3 2.2 DDesk‐based Study ............................................................................................................................. 3 2.3 FField Survey ....................................................................................................................................... 4 2.3.1 GGreat Crested NNewt eDNA Survvey ................................................................................................................................. 4 2.3.2 GGreat Crested NNewt Populationn Estimate Survveys ........................................................................................................ 4 2.4 SSurvey Personnnel .............................................................................................................................. 5 2.5 LLimitations too Survey ........................................................................................................................ 5 3.0 RRESULTS ................................................................................................................................ 7 3.1 DDesk‐based Study ............................................................................................................................. 7 3.2 FField Survey ....................................................................................................................................... 7 3.2.1 GGreat Crested NNewt eDNA Survvey ................................................................................................................................. 7 3.2.2 GGreat Crested NNewt Populationn Estimate Survveys ........................................................................................................ 8 4.0 DDISCUSSION AND EVALUATION ........................................................................................... 10 4.1 DDiscussion of Results ..................................................................................................................... 10 4.1.1 GGreat Crested NNewt – Breedingg Population ................................................................................................................ 10 4.1.2 GGreat Crested NNewt – Terrestriial Habitats .................................................................................................................. 10 4.1.3 OOther Amphibiaan Species ............................................................................................................................................ 11 4.2 EEvaluation ...................................................................................................................................... 11 5.0 SSUMMARY AAND CONCLUUSIONS ........................................................................................... 12 DOCUUMENT REFERENCCES TABLES Table 3‐11 Great Cressted Newt eDDNA Survey RResults ............................................................................. 7 Table 3‐22 Survey Timming and Climmatic Data ............................................................................................. 8 Table 3‐33 Summary PPeak Counts for all Amphhibian Speciees Recorded. ................................................. 9 . Tarmac Ltd Birchall Garden Suburb – Great Crested Newt Survey Report 404.05731.00043 Filename: 170607 404.05731.00043 BGS – GCN Survey Final June 2017 DRAWINGS Drawing 1: Great Crested Newt Survey Plan APPENDICES Appendix 01: Descriptions of Ponds within the Study Area Appendix 02: GCN eDNA Survey Results Appendix 03: GCN Population Estimate Survey Results . Taarmac Ltd Birchall Garden Suburb – Great Creested Newt Survey Report 404.05731.000043 Filename: 170607 404.05731.000433 BGS – GCN Survvey Final June 20017 11.0 Inttroduction 11.1 Bacckground This report suummarises tthe findings of the greatt crested newwt (Triturus cristatus)(GCN) surveys conducted in MMay 2017 onn land to thee north and west of the A414 road on the western outskirtss of Welwynn Garden Citty, HHertfordshiree (Ordnance Survey grid rreference: TLL 26902 111337). Itt has been prepared by SSLR Consulting Limited ((SLR) on behalf of Tarmaac Ltd to proovide baselinne informatioon too inform a pplanning appplication and Ecological IImpact Assessment (EcIAA) in respectt of the proposed Birchaall GGarden Suburb residential developmment at the site. The ssurveys act tto update pprevious GCNN survey data coollected by PPhillip Parkerr Associate Ltd during 200141. 11.2 Leggislative aand Planning Conteext The great creested newt is fully prottected undeer Schedule 5 of the WWildlife and CCountryside Act 1981 (as amended) annd the Connservation oof Habitats and Species Amendmeent Regulatiions 2012 (The Habitaats Regulations). In combination, these ppieces of legiislation fully protect this species and their habitat against: a) deeliberately caapture, injuree or kill a greeat crested nnewt; b) deeliberately disturb great ccreated newwts, includingg any disturbance which iis likely to: i. imppair their ability to survivve, breed, or rear or nurture their youung; ii. imppair their ability to hibernnate or migrate; or iii. affeect significanntly the local distributionn or abundannce of the speecies; c) deeliberately taake or destrooy the eggs oof a great creested newt; d) daamage or desstroy a breedding site or rresting place of a great crreated newt;; and e) inttentionally oor recklessly: i. dammaging or deestroying anyy structure oor place whicch great cressted newt usses for shelter or pprotection; ii. distturbing greaat crested neewt while ooccupying a structure orr place whicch is used for sheelter or proteection; or iii. obsstructing acccess to any sttructure or pplace which great crested newt usess for shelter or prootection. AA European PProtected Speecies (EPS) Licence may bbe required ffor any activvity which: Is likeely to result in the deliberate capturee, injury or killing of a GCN; Will result in the ddeliberate diisturbance2 oof newts; and/or Will ddamage or deestroy a breeeding site or resting place used by GCCN. AAn EPS licencee can only bee granted if tthe followingg tests can bbe met: _________________________ 1 Phillip Parker Asssociates Ltd (2017). Proposed Devvelopment of land at Birchall Gardden Suburb – Amphibian Survey RReport. 2 Disturbance of animals includes in particular any ddisturbance whicch is likely to (a) impair their abiility to:‐ (i)) survive, breed, rreproduce or rear or nurture theirr young; or (ii) in the case of animals of hibernaating or migratorry species, to hibeernate or migratee: or (bb) affect significanntly the local distribution or abunddance of the speccies to which theey belong. Page 1 Tarmac Ltd Birchall Garden Suburb – Great Crested Newt Survey Report 404.05731.00043 Filename: 170607 404.05731.00043 BGS – GCN Survey Final June 2017 The consented operation must be for “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”; There must be “no satisfactory alternative”; and The action authorised will not be detrimental to the maintenance of the population of the species concerned at a Favourable Conservation Status (FCS) in their range. The Local Planning Authority (LPA) must also be satisfied that the three tests have been met when deciding whether to grant planning permission for a development which could harm an EPS in accordance with Regulation 3 (4) of the 1994 Regulations. Government Planning Policy contained with the National Planning Policy Framework (NPPF) sets out Government Policy on Biodiversity and Nature Conservation and places a duty on Local Planning Authorities to make material consideration to the effect of a development on legally protected species, such as great crested newt, when considering planning applications. 1.3 Study Aims and Objectives It is generally accepted great crested newt survey data is valid for two years and given that the surveys undertaken by Phillip Parker Associates Ltd date back to 2014 (three years ago) it was agreed through discussions with Martin Hicks of Hertfordshire Ecology that an update survey would be undertaken but this would focus on confirming an update on the status of the population as recorded in the 2014 survey undertaken Phillip Parker Associates Ltd. The aims and objectives of the GCN surveys undertaken in May 2017 at the proposed Birchall Garden Suburb site were to: update the previous 2014 survey data3 for GCN at the site in order to confirm: o the presence or likely absence of GCN in all ponds within the application site / within 250m of the application site boundary (access permitting); o the size class of GCN populations in ponds where they are found to be present; and o the ponds used for GCN breeding. evaluate the population in the local, regional and national context, using published guidelines where available; and where possible, confirm the presence and distribution of other species of amphibians within the study area. The survey data has then been used to prepare an assessment of potential impacts arising from development‐ related activities and to set out options for mitigation And this is set out in the Ecological Impact Assessment. ______________________ 3 Phillip Parker Associates Ltd (2017). Proposed Development of land at Birchall Garden Suburb – Amphibian Survey Report. Page 2 Taarmac Ltd Birchall Garden Suburb – Great Creested Newt Survey Report 404.05731.000043 Filename: 170607 404.05731.000433 BGS – GCN Survvey Final June 20017 22.0 Meethodology Baseline ecoloogical data wwere collated through a combinationn of desk‐based study annd field survvey. The great crrested newt survey metthods emplooyed at the ssite were coonsistent with all currentt standard mmethodologies and publishedd good practtice guidelinees4 5. 22.1 Stuudy Area aand Main Habitats The application site is located appproximatelyy 2.8km eaast of Welwwyn Gardenn City townn centre annd approximately 475m west of Cole Greeen. The application sitee area extends to approxximately 2566 hectares (ha) and incorporaates parcels of land to tthe north annd south of BBirchall Lanee. The habittats within thhe applicatioon siite include: aarable fields in active cuultivation, larrge areas of semi‐improvved grasslannd, blocks off broad‐leaveed wwoodland, maature hedgerows, and arreas of densee scrub. The study areea for the GCCN survey inccluded all waaterbodies lyying within tthe applicatioon site and wwithin a 5000m raadius of the application ssite boundarry, access peermitting (Drrawing 1). Discussions wwith the East Hertfordshire Council Ecoloogist in 29th MMarch 2017 confirmed that the pond to the east of Panshannger Lane (Pond 34) couuld be omitted frrom the survvey based onn its relative high distancce (approximmately 460m)) from the application site boundary. AAs with the surveys commpleted in 22014 by Phillip Parker Associates LLtd6, the buusy A414 duual caarriageway rroad is considered a significant barrrier to GCN movement ddue to its width and higgh traffic load. Thus, ponds tto the southh and east oof this road ((and therefoore separated from the application site) have not been includedd in the survey scope. The presencee of ponds wwas ascertainned throughh the use of OS maps, aaerial photoggraphs, site walkover annd coonsultation wwith site conntacts. There are a ttotal of 24 pponds within the application site bouundary (Ponds 1‐6, and 9‐26) and 88 ponds withhin 500m of the ssite boundarry (Ponds 27‐‐29, 30, 34, aand 35‐37) raanging from 10 ‐ 460m awway. The ponds ouutside of the site boundary are locateed in four areeas: Mill GGreen Golf Coourse to the south west of the appliccation site (PPonds 27 – 299); Eco AAggregates laandholding wwithin the ceentre of the site (but exxcluded fromm the planning applicatioon site bboundary) (Poonds 35 – 377); Panshhanger Park tto the east oof the applicaation site (Poond 34); and Within a farm to tthe north of the applicattion site (Ponnd 30). Further to this it is reporrted by Peterr Oakenfull iin his submission to the Draft Local Plan consulttation in 20116 thhat a pond iin The Commmons LNR haas been confirmed as coontaining greeat crested newts, this record of twwo animals in 20015 is consiidered to bee recent enough to be relied uponn and no fuurther surveys have beeen undertaken. Thus reducinng unnecessary disturbannce to this sppecies. 22.2 Desk‐based Study AA preliminaryy desk‐basedd study was undertaken and involveed collating data from aa number of organisationns and examininng published data relating to great crrested newtss found withhin the site aand within a 2km radius of thhe site bounndary. The data sources included a request ffor ecological records ssupplied by Hertfordshire _________________________ 4 English Nature, ((2001). Great Creested Newt Mitigaation Guidelines. English Nature, Peterborough. 5 NNatural England’ss Standing Advicee – Great Crestedd Newt. 6 PPhillip Parker Asssociates Ltd (20177). Proposed Development of landd at Birchall Garden Suburb – Ampphibian Survey Reeport. Page 3 Tarmac Ltd Birchall Garden Suburb – Great Crested Newt Survey Report 404.05731.00043 Filename: 170607 404.05731.00043 BGS – GCN Survey Final June 2017 Environmental Records Centre (HERC), the previous 2014 GCN survey report7, and the National Biodiversity Network (NBN) Atlas8. In addition, Ordnance Survey maps and aerial photographs were used to identify all potential ponds within the study area prior to the onset of field surveys. In total, 32 potential waterbodies with the site/within 500m of the site boundary were identified. 2.3 Field Survey The scope of the field surveys required in order to update the existing 2014 survey data9 was discussed and agreed with the East Hertfordshire Council Ecologist. It was agreed that: GCN environmental DNA (eDNA) surveys would be completed on all ponds with the site/within 250m of the site boundary where GCN were identified as being absent in 2014 (where water levels and access allowed); and Two population estimate survey visits would be completed on all ponds with the site/within 250m of the site boundary where GCN were identified as being present (from the 2014 survey results or from the eDNA tests referred to above) (where access allowed). Drawing 1 shows the locations of all ponds considered in the survey and brief descriptions of each pond surveyed are provided in Appendix 01. Reasoning for why certain ponds were not surveyed is provided in Section 2.5. 2.3.1 Great Crested Newt eDNA Survey All ponds where GCN were previously identified as being absent in 201410 were sampled for the presence of great crested newt eDNA by two ecologists from SLR on 27th April 2017 (where water levels and access allowed). In total, 13 ponds (Ponds 2, 10‐16, 18‐21, and 26) were sampled for GCN eDNA following the Natural England approved protocol11. Surveys were led by Robert Williams, a Senior Field Ecologist with SLR (GCN Class Licence Ref: 2015‐18561‐CLS‐CLS). Twenty samples were collected from each pond using sterile equipment provided by Surescreen Scientifics, at points evenly spread out along the pond perimeter (where access allowed). The water at each sampling area was gently stirred using a sterile ladle before samples were taken, whilst ensuring that sediment on the pond base was not disturbed. The samples were then ‘fixed’ in an ethanol preserving solution, and sent to Surescreen Scientifics Laboratory for analysis. In order to avoid contamination, the surveyors avoided entering the water. Latex gloves were worn when sampling, and only sterile equipment came into contact with the water. Separate sampling kits, and new gloves, were used for each of the water bodies sampled. 2.3.2 Great Crested Newt Population Estimate Surveys All ponds where GCN were previously identified as being present in 201412 or where a positive eDNA test result was received, were subject to two population estimate survey visits on the 9th and 10th May 2017. In total, six ponds (Ponds 3, 5, 9, and 35‐37) were surveyed and this included three ponds (Ponds 35‐37) which weren’t ______________________ 7 Phillip Parker Associates Ltd (2017). Proposed Development of land at Birchall Garden Suburb – Amphibian Survey Report. 8 https://nbnatlas.org 9 Phillip Parker Associates Ltd (2017). Proposed Development of land at Birchall Garden Suburb – Amphibian Survey Report. 10 Phillip Parker Associates Ltd (2017). Proposed Development of land at Birchall Garden Suburb – Amphibian Survey Report. 11 Biggs, J. et al. (2014). Analytical and methodological development for improved surveillance of the Great Crested Newt. Appendix 5. Technical advice note for field and laboratory sampling of great crested newt (Triturus cristatus) environmental DNA. Freshwater Habitats Trust, Oxford 12 Phillip Parker Associates Ltd (2017). Proposed Development of land at Birchall Garden Suburb – Amphibian Survey Report. Page 4 Tarmac Ltd Birchall Garden Suburb – Great Crested Newt Survey Report 404.05731.00043 Filename: 170607 404.05731.00043 BGS – GCN Survey Final June 2017 surveyed during the 2014 study but were subsequently found to contain GCN in monitoring completed by Ecology Solutions Ltd in 201513. The waterbodies were surveyed using a combination of survey methods including torch‐lit survey, bottle trapping and egg searches in order to compensate for limitations with any one technique. All visits were undertaken when the night air temperature was over 5oC and where practically possible with little or no rain and no wind. Torch‐lit Survey All waterbodies were systematically surveyed by walking the perimeter of the waterbody after dusk and searching the water using a powerful torch (one million candle power or equivalent) for the presence of amphibians. Bottle Trapping Traps, constructed from 2 litre plastic bottles and using standard designs14, were placed in suitable areas around the margins of each waterbody at a density of approximately one trap per 2m of accessible bank. The traps were set in the evening, left in situ overnight and checked early the next morning following standard practice guidelines and well within the maximum time limits set by Natural England (English Nature 2001). Egg Searches Suitable egg laying vegetation in all ponds was inspected for evidence of great crested newt eggs during torch‐ lit and bottle‐trap surveys, access permitting. Any other evidence of amphibian eggs was noted. Sweep Netting Using a standard pond net the margins of the pond were swept and its contents searched for any captured adult great crested newt or efts with all captured animals immediately released. No sweep netting was undertaken in any waterbody where it was proven through other methods that great crested newts were present. 2.4 Survey Personnel The surveys were led by Mr Robert Williams, a Senior Field Ecologist with SLR (GCN Class Licence Ref: 2015‐ 18561‐CLS‐CLS). Robert was supported during the eDNA surveys by Emily Drinkwater MSc ACIEEM (GCN Class Licence Ref: 2015‐7880‐CLS‐CLS), and by Richard Erskine MSc during the GCN population estimate surveys. All three are experienced in GCN survey and identification. 2.5 Limitations to Survey Access was not permitted to a total of four ponds, including the three ponds (Ponds 27‐29) located 100m south‐west of the application site within Mill Green golf course and the farm pond 460m north of the application site (Pond 30). These ponds were therefore excluded from the survey. This is not considered to materially alter the conclusions of this report as Ponds 27‐29 were not found to contain GCN during the 2014 surveys15 and due to the lack of a source population nearby GCN are highly unlikely to have colonised the ponds in the intervening years. Pond 30 is approximately 460m away from the site boundary and thus it is highly unlikely, if GCN were present within the pond, that they would use habitats within the application site. ______________________ 13 Phillip Parker Associates Ltd (2017). Proposed Development of land at Birchall Garden Suburb – Amphibian Survey Report. 14 Gent, T. and Gibson, S. D. eds. (1998). Herpetofauna Workers’ Manual. Joint Nature Conservation Committee, Peterborough. 15 Phillip Parker Associates Ltd (2017). Proposed Development of land at Birchall Garden Suburb – Amphibian Survey Report. Page 5 Tarmac Ltd Birchall Garden Suburb – Great Crested Newt Survey Report 404.05731.00043 Filename: 170607 404.05731.00043 BGS – GCN Survey Final June 2017 Based on aerial photography and observations from adjacent land, Ponds 7 and 8 within the Eco Aggregates site appear to have been lost and thus were also excluded from the survey. On agreement with the East Hertfordshire Council ecologist the pond to the east of Panshanger Lane (Pond 34) was excluded from the survey based on its relative high distance (approximately 460m) from the application site boundary. Due to a change in the application site boundary since the 2014 GCN surveys16 Ponds 31‐33 were now over 500m from the application site boundary and thus were not included in the survey. A total of 8 ponds (Ponds 1, 4, 6, 17, and 22‐25) were dry during the eDNA survey, and thus water samples could not be taken for eDNA analysis. On inspection these ponds were particularly dry with no aquatic or marginal vegetation noted and thus were not considered likely to hold water long enough to enable GCN to breed in years with normal rainfall. Thus, the ponds were considered unlikely to represent suitable aquatic habitat for GCN. There are records of 2 great crested newts in a pond in The Commons LNR from 2015, due to the date of this record it is considered that the data is reliable and a further survey was not undertaken as this would cause unnecessary disturbance. Overall, it is not considered that there are any limitations which would affect the interpretation of results presented or prevent the completion of the EcIA. ______________________ 16 Phillip Parker Associates Ltd (2017). Proposed Development of land at Birchall Garden Suburb – Amphibian Survey Report. Page 6
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