Ecological Report Otter Scoping Assessment Water Vole Survey - Roydon Marina Roydon Essex
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Ecological Report Otter Scoping Assessment Water Vole Survey Roydon Marina Roydon Essex CM19 5EJ July 2020 150511-ED-07a
Page 1 of 20 Limitations and Copyright TMA has prepared this Report for the sole use of the named Client or his Agents in accordance with our terms of business, under which our services were performed. No other warranty, expressed or implied, is made as to the professional advice included in this Report or any other services provided by us. This Report may not be relied upon by any other party without the prior and express written agreement of TMA. The assessments made assume that the sites and facilities will continue to be used for their current purpose without significant change. The conclusions and recommendations contained in this Report are based upon information provided by others and upon the assumption that all relevant information has been provided by those parties from whom it has been requested. Information obtained from third parties has not been independently verified by TMA. Tim Moya Associates standard Limitations of Service apply to this report and all associated work relating to this site. A copy has been supplied with our original quotation and further copies are available on request. Project Roydon Marina Report Type Otter and water vole survey Author Brooke Waites GradCIEEM, Senior Ecologist Reviewed by Simon Thomas MCIEEM, Principal Ecologist Original Report Date 03/12/2019 Updates 28/07/2020 Version A– Updated to include Spring 2020 results
Page 2 of 20 CONTENTS PAGE (CLICK TO FOLLOW LINKS) NON-TECHNICAL SUMMARY ............................................................................................. 3 1 INTRODUCTION ........................................................................................................... 4 BACKGROUND .............................................................................................................................. 4 PURPOSE OF THE REPORT ........................................................................................................ 4 INFORMATION SUPPLIED ............................................................................................................ 4 SITE LOCATION ............................................................................................................................. 5 PREVIOUS ECOLOGY SURVEY AND DESK STUDY .................................................................. 5 2 SURVEY METHODOLOGY ........................................................................................... 6 OTTER SCOPING SURVEY METHODS ....................................................................................... 6 WATER VOLE SURVEY METHODS .............................................................................................. 6 LIMITATIONS .................................................................................................................................. 7 3 RESULTS ...................................................................................................................... 8 OTTERS .......................................................................................................................................... 8 WATER VOLES .............................................................................................................................. 8 4 ASSESSMENT AND RECOMMENDATIONS................................................................ 9 GENERAL ....................................................................................................................................... 9 OTTERS .......................................................................................................................................... 9 WATER VOLES .............................................................................................................................. 9 5 REFERENCES ............................................................................................................ 11 6 APPENDICES ............................................................................................................. 12 APPENDIX 1- SITE PLAN ............................................................................................................ 12 APPENDIX 2- PHOTOGRAPHS ................................................................................................... 12 APPENDIX 3- WILDLIFE LAW AND PLANNING POLICY ........................................................... 12
Page 3 of 20 NON-TECHNICAL SUMMARY The proposed development involves an extension to the marina, additional parking areas and construction of an additional toilet block. A maintenance yard is also due to be constructed in the western corner of the site. This report assesses the use of the site by otters and water voles with the lake and adjacent areas of the River Stort, including the canalised area, adjacent to the current access road. The site survey included an inspection of suitable habitats within the anticipated work area and immediately surrounding habitats. Water vole and Otter evidence has been recorded on previous surveys along the River Stort. As the attributes of the site and its use by water voles and otters may change over time, this report is broadly considered valid for a duration of two years, after which time it is recommended that an update site assessment is undertaken. Key results: No evidence of otters or water voles was observed during the survey within the proposed development areas. Evidence of otters and water voles was recorded outside the proposed development boundary, along the River Stort, south of the site and along the canal to the east of the site. Recommendations (see report for details): Disturbance to the riverbanks will be minimised to reduce the risk of harm to water voles and otters. Due to the risk of otters being present, any excavations that are created during works will be backfilled and compacted before nightfall or have a gentle sloping gradient or ramp at one end to allow any animals to exit. Due to the confirmed presence of otters and water voles within the area, a single update survey will be undertaken within 3 months of construction to confirm the absence of otter dens, couches and water vole burrows within the areas due to be impacted by the proposed works.
Page 4 of 20 1 INTRODUCTION Background 1.1 This report has been instructed by Lakeland Leisure Estates Ltd. 1.2 The proposed development involves extending the existing marina to create 168 additional moorings. Additional parking areas, construction of an additional toilet block and a maintenance yard are also due to be constructed. The current access road which runs south of the canalised area of the River Stort is due to be widened. Purpose of the report 1.3 This report assesses the potential impact of the proposed development on water voles and otters. The surveys assess the presence or probable absence of these species, within the proposed development boundary and the immediately surrounding area. 1.4 This report aims to satisfy the requirements of the National Planning Policy Framework (MHCLG, 2019), identifying ecological features or protected species within or near the site that could potentially be impacted by the proposed development. 1.5 As the attributes of the site and its use by water voles and otters may change over time, this report is broadly considered valid for a duration of two years, after which time it is recommended that an update site assessment is undertaken. Information supplied 1.6 This report has been prepared with reference to the following supplied plans, showing the extent of the site boundary and the proposed development (at this stage): Site Location Plan, Roydon Mill Marina, SBRice, February 2019, (ref.LAKERM-1-5-001) Roydon Mill Marina proposed marina scheme layout, SBRice, February 2019, (ref. LAKERM-X-1-003). 1.7 Please note the above-named plans may be superseded or updated without warranting an update of this report, if the changes are insignificant to the impact of the development on biodiversity.
Page 5 of 20 Site location 1.8 The site is located in the town of Roydon, Essex. The River Stort runs adjacent to the Lake to the south. Agricultural land surrounds the site and a sewage works is directly adjacent to the northern boundary of the site. Roydon Marina Village lies to the east of the site. 1.9 The central grid reference for the site is TL 39620 09911. The surveyed site covers approximately 8.3 hectares. Previous Ecology Survey and Desk Study 1.10 An Extended Phase 1 Habitat Survey was carried out in 2015 by Enzygo. The survey was then updated in March 2016 (Enzygo, 2016). The survey made recommendations for further surveys including; breeding birds, wintering birds, bat activity, water vole and otter surveys. 1.11 Otter and water vole surveys were carried out by Tim Moya Associates in 2015 (TMA, 2015). No evidence of water voles or otters was recorded within the marina itself. However, evidence of water voles was present on the southern boundary of the River Stort. Furthermore, a previous otter and water vole survey of the lake and River Stort, south-east of the site, was undertaken in July 2008 by Baker Shepherd Gillespie Ecological Consultants. This survey did not record any otter and/or water vole activity within the lake. The survey did however identify a water vole burrow, feeding signs and a disused burrow along the southern bank of the River Stort. 1.12 A water vole re-introduction was carried out in 2015 at Thorley Wash, located on the River Stort. Thorley Wash is located approximately 11 km north-east of the proposed development area. Over 180 individuals were released. 1.13 An Extended Phase 1 Habitat Assessment was carried out in September 2019 by Tim Moya Associates (TMA, 2019). The survey recommended that updated Otter and Water Vole surveys were undertaken. The appraisal included a desk study including records from Essex Field Club and Essex Wildlife Trust. 55 otter records were returned, including records as close as 400 m from the site. The most recent record was from 2018. 72 records of water voles within 2 km of the site were returned from Essex Field Club including records as close as 300 m from the site. The most recent record was from 2016.
Page 6 of 20 2 SURVEY METHODOLOGY Otter Scoping Survey Methods 2.1 The surveys were undertaken on 30th October 2019 and 13th June 2020 by Brooke Waites of Tim Moya Associates, an experienced ecological consultant and Graduate Member of the Chartered Institute for Ecology and Environmental Management (CIEEM). During the survey the weather conditions were not considered to pose any limitations to the survey. The otter survey was adapted using methods outlined by Chanin (2003). The proposed development area (See Appendix 1) and adjacent habitats were surveyed for signs of otter presence. These included spraints, holts, couches and feeding remains. 2.2 The proposed development area and adjacent areas were surveyed by boat where possible to ensure maximum coverage of the banks and search for evidence which may be been obscured by vegetation cover along the banks such as footprints and slides. 2.3 A walk over survey was carried out along the banks of the River Stort to the south of the site, as the presence of the lock restricted the boat survey and the area is located over 100 m from the proposed development area. These areas were checked for otter spraints (droppings). Other evidence searched for included holts, couches, feeding remains and footprints. Water Vole Survey Methods 2.4 The surveys were undertaken on 30th October 2019 and 13th June 2020 alongside the otter survey as detailed above. The surveys were undertaken in October and June, which is within the optimal survey season for water voles in the south-east of the UK (Dean et al, 2016). 2.5 The proposed work areas and adjacent areas including parts of the River Stort were inspected for evidence of water voles in accordance with methods detailed in Dean et al. (2016). See above and Appendix 1 for details. 2.6 The following signs of water voles were searched for; Latrines Feeding stations Footprints
Page 7 of 20 Burrows Actual water vole sightings Limitations 2.7 Otters have large home ranges and a single otter survey only provides a snapshot of otter usage in a small area. 2.8 The site was assessed in October 2019 and June 2020, times when vegetation may still be dense and as such may limit the view. However, vegetation was searched thoroughly to inspect for evidence of otters and water voles. Therefore, it is considered unlikely that this would have had a significant impact on the results. 2.9 During the October survey the water levels in some areas appeared to be higher than usual due to heavy rainfall. However, the boat survey allowed a close inspection of banks, including those which may have been slightly submerged. 2.10 Signs of brown rat (Rattus norvegicus) can appear similar to those of water vole. Water vole latrines are very characteristic and therefore offer the best confirmation of water vole presence. No signs of brown rat were recorded. 2.11 During the October survey vegetation management of the marginal vegetation along the banks had recently taken place along the canalised section of the River Stort (north-east of the lake). This may have obscured feeding evidence by water voles. 2.12 Due to the nature of the site, areas of the banks were inaccessible due to the presence of moored canal boats.
Page 8 of 20 3 RESULTS Otters 3.1 The site itself contains suitable otter resting, hunting and dispersing habitat including the woodland habitat located to the west and south of the lake which offers potential for holt construction. The banks of the lake within the site and the riverbanks adjacent to the proposed development site offer a number of suitable spraint sites. 3.2 During October 2019 an otter spraint was recorded along the riverbank, approximately 120 m south-east of the proposed development area and 50 m south- east of the lake (See Appendix 1). 3.3 During the June 2020 survey an old otter spraint and feeding remains were recorded along the river on the northern bank, adjacent to the proposed access road expansion (See Appendix 1). 3.4 No other otter evidence was recorded within the proposed development area. Water Voles 3.5 The lake is considered to offer low potential for water voles due to the shallow banks, which lack riparian vegetation, offering limited food and shelter. 3.6 The River Stort is considered to provide suitable habitat for water voles, with steep riverbanks and an abundance of marginal vegetation providing shelter and food. 3.7 During the June 2020 survey a water vole latrine was recorded along the river on the northern bank, adjacent to the proposed access road expansion (See Appendix 1). 3.8 No other evidence of water voles was observed during the survey; However, previous ecological surveys have recorded water vole evidence along the River Stort (outside the proposed development boundary) (See Appendix 1).
Page 9 of 20 4 ASSESSMENT AND RECOMMENDATIONS General 4.1 Recommendation: To reduce the risk of harm to water voles and otters, disturbance to the riverbanks and lake banks will be minimised. Otters 4.2 No otter holts are expected to be destroyed as a result of the proposed works. However, otters may disperse using the river or lake and may occasionally hunt within the lake itself. 4.3 Recommendation: Otters have been recorded within the area and are likely to visit the site itself occasionally for dispersal, or for hunting. As such any excavations that are created during works will be backfilled and compacted before nightfall or have a gentle sloping gradient or ramp at one end to allow any animals to exit. 4.4 Recommendation: Due to the confirmed presence of otters within the area a single update survey is undertaken within 3 months of construction to confirm the absence of otter dens or couches within the areas due to be impacted by the proposed works. 4.5 If otter dens are confirmed to be absent, the construction works may proceed without constraints relating to otters (although further update checks of the affected area may be recommended). Water Voles 4.6 Evidence of water voles was identified along the River Stort during the 2020 survey. 4.7 Previous surveys undertaken by Tim Moya Associates (TMA, 2015) found evidence of Water voles along the River Stort, south of the proposed development area, however previous surveys have not recorded evidence of water voles within the development site itself. 4.8 No evidence of water voles has been identified along the areas of riverbanks due to be impacted by the proposed development. 4.9 Recommendation: Due to the confirmed presence of water voles within the a single update survey will be undertaken within 3 months of construction to confirm the absence of water vole burrows within the areas due to be impacted by the proposed works.
Page 10 of 20 4.10 If water vole burrows are confirmed to be absent, the construction works may proceed without constraints relating to water voles (although further update checks of the affected area may be recommended).
Page 11 of 20 5 REFERENCES British Standards Institution (2013). BS42020 – Biodiversity – Code of practice for planning and development. Chanin, P. (b) (2003). Ecology of the European Otter Lutra lutra. Conserving Natura 2000 River Ecology Series No.10. English Nature, Peterborough. Dean, M., Strachan, R., Gow, D. and Andrews, R. (2016). The Water Vole Mitigation Handbook (The Mammal Society Mitigation Guidance Series). Eds Fiona Mathews and Paul Chanin. The Mammal Society, London. Enzygo (2016) Roydon Marina Phase II: Extended Phase 1 Habitat Survey Institute of Ecology and Environmental Management (2006). Guidelines for Ecological Impact Assessment in the United Kingdom. Ministry of Housing, Communities and Local Government (2019). National Planning Policy Framework. Office of the Deputy Prime Minister (ODPM) (2005). Circular 06/2005: Biodiversity and geological conservation – Statutory obligations and their impact within the planning system. Tim Moya Associates (2015) 150511-ED-02 - Phase II Roydon Marina Otter and Water Vole Survey Report Tim Moya Associates (2019) 150511-ED-06a – Roydon Marina – Extended Phase 1 Habitat Assessment
Page 12 of 20 6 APPENDICES Appendix 1- Site Plan Appendix 2- Photographs Appendix 3- Wildlife Law and Planning Policy
Page 13 of 20 Appendix 1 - Site Plan
Legend TargetNote ! . Otter feeding remains . ! Otter Spraint . ! Water Vole Burrow . ! Water Vole Latrine 19 18 20 .! !! . . Site overview 24 23 Target Note Description ! . 22 21. ! 18 Water Vole Latrine (2015 Survey) .! !. 19 Water Vole Burrow (2015 Survey) 20 Water Vole Burrow (2015 Survey) 21 Water Vole Burrow (2015 Survey) 22 Water Vole Burrow (2015 Survey) 23 Water Vole Burrow (2015 Survey) 24 Water Vole Burrow (2015 Survey) Project Name: Roydon Marina Drawing title: Target Note Plan ° Drawing number: 150511-E-01.1 Date: 17/07/2020 0 20 40 80 Metres Scale: 1:1,500
Legend TargetNote ! . Otter feeding remains . ! Otter Spraint . ! Water Vole Burrow . ! Water Vole Latrine 28 27 29 .! !! . . Site overview Target Note Description 27 Old otter spraint (2020 Survey) 28 Water Vole Latrine (2020 Survey) Project Name: 29 Otter feeding remains (2020 Survey) Roydon Marina Drawing title: Target Note Plan ° Drawing number: 150511-E-01.2 Date: 17/07/2020 0 10 20 40 Metres Scale: 1:800
Page 14 of 20 Appendix 2 - Photographs
Page 15 of 20 Photo 1 – Low banks of the lake Photo 2 – Island within the Lake Photo 3 – Island banks partially submerged. Photo 4 – Canalised area of the River Stort Photo 5 – Otter feeding remains Photo 6 – Water vole droppings
Page 16 of 20 Appendix 3 - Wildlife Law and Planning Policy
Page 17 of 20 Statutes and English Law Otters Otters and their resting places are protected under the Wildlife and Countryside Act 1981 (as amended) and the The Conservation of Habitats and Species Regulations 2017 and The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019. This legislation makes it an offence to deliberately kill, injure or capture an otter; deliberately disturb an otter in their breeding or resting places; damage, destroy or obstruct access to their resting or breeding places. Water Voles Water voles are protected under the Wildlife and Countryside Act 1981 (as amended) from killing or taking by certain prohibited methods. Their breeding and resting places are fully protected from damage, destruction or obstruction; it is also an offence to disturb them in these places. Planning Policy In addition to the statutes described above, various planning policy imposes duties upon planning applicants to take account of protected species and habitats at sites of proposed development and in particular, protected species. The objective of this policy is to prevent a net loss of species and habitats diversity identified as priorities for the U.K. as a consequence of development activity. National Planning Policy Framework (NPPF) The National Planning Policy Framework is clear that pursuing sustainable development includes moving from a net loss of biodiversity to achieving net gains for nature, and that a core principle for planning is that it should contribute to conserving and enhancing the natural environment and reducing pollution. Planning policies should promote the preservation, restoration and re-creation of priority habitats, ecological networks and the protection and recovery of priority species populations. If significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused.
Page 18 of 20 Natural Environment and Rural Communities Act (NERC Act) Section 40 of the Natural Environment and Rural Communities Act 2006 places a duty on all public authorities in England and Wales to have regard, in the exercise of their functions, to the purpose of conserving biodiversity. Priority Habitats and Species Priority habitats and species are defined (NPPF, 2018) as ‘Species and Habitats of Principle Importance included in the England Biodiversity List published by the Secretary of State under Section 41 (S41) of the Natural Environment and Rural Communities Act 2006 (NERC Act)’. The S41 list is used to guide decision-makers such as public bodies, including local and regional authorities, in implementing their duty under the NERC Act, to have regard to the conservation of biodiversity in England, when carrying out their normal functions. Fifty-six habitats of principal importance are included on the S41 list. These are all the habitats in England that were identified as requiring action in the UK Biodiversity Action Plan (UK BAP) and continue to be regarded as conservation priorities in the subsequent UK Post-2010 Biodiversity Framework. They include terrestrial habitats such as upland hay meadows to lowland mixed deciduous woodland, and freshwater and marine habitats such as ponds and subtidal sands and gravels. There are 943 species of principal importance included on the S41 list. These are the species found in England which were identified as requiring action and which continue to be regarded as conservation priorities under the UK Post-2010 Biodiversity Framework. In addition, the Hen Harrier has also been included on the list because without continued conservation action it is unlikely that the Hen Harrier population will increase from its current very low levels in England. ODPM Circular 06/2005 This Government Circular entitled ‘Biodiversity and Geological conservation – Statutory obligations and their impact within the planning system’ (ODPM, 2005) provides administrative guidance on the application of the law relating to planning and nature conservation as it applies in England. The potential effects of a development, on habitats or species listed as priorities under Section 41 of the NERC Act, and by Local Biodiversity Partnerships, together with policies in the England Biodiversity Strategy, are capable of being a material consideration in the preparation of regional spatial strategies and local development documents and the making of planning decisions.
Page 19 of 20 The presence of a protected species is a material consideration when a planning authority is considering a development proposal that, if carried out, would be likely to result in harm to the species or its habitat. It is essential that the presence or otherwise of protected species, and the extent that they may be affected by the proposed development, is established before the planning permission is granted, otherwise all relevant material considerations may not have been addressed in making the decision. The need to ensure ecological surveys are carried out should therefore only be left to coverage under planning conditions in exceptional circumstances, with the result that the surveys are carried out after planning permission has been granted. However, bearing in mind the delay and cost that may be involved, developers should not be required to undertake surveys for protected species unless there is a reasonable likelihood of the species being present and affected by the development. Where this is the case, the survey should be completed and any necessary measures to protect the species should be in place, through conditions and/or planning obligations, before the permission is granted.
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