STATEMENT OF COMMON GROUND: ECOLOGY - Tincklers Lane, Eccleston, PR7 5QJ - Chorley Council
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Tincklers Lane, Eccleston, PR7 5QJ
STATEMENT OF COMMON GROUND: ECOLOGY
August 2021
Appellant: Redrow Homes Ltd
ERAP (Consultant Ecologists) Ltd ref: 2020-275
Chorley Council ref: 20/01331/OUTMAJ
PINS ref: 3272310
ERAP (Consultant Ecologists) Ltd
Building N2
Chorley Business and Technology Centre
East Terrace
Euxton Lane
Euxton
Chorley
PR7 6TE
Tel: 01772 750502
mail@erap.co.uk
www.erap.co.uk
CONTENTS 1.0 Appeal Proposal ........................................................................................................................................ 3 2.0 Planning History and Scope of Surveys ...................................................................................................... 3 2.1 Autumn 2020 ............................................................................................................................................ 3 2.2 February 2021: Consultation Response from GMEU .................................................................................. 3 3.0 Site Description / Status ............................................................................................................................ 4 3.1 Designated Sites for Nature Conservation ................................................................................................. 4 3.2 Vegetation and Habitats............................................................................................................................ 4 3.3 Protected Species and Animal Life............................................................................................................. 5 4.0 Submitted / Referenced Documents ......................................................................................................... 6 5.0 Great Crested Newt................................................................................................................................... 6 5.1 Scope of Great Crested Newt (GCN) Survey ............................................................................................... 6 5.2 GCN Status ................................................................................................................................................ 7 5.3 Mitigation Strategy and Recommendations .............................................................................................. 7 6.0 Site Layout / Parameters and Biodiversity Value ....................................................................................... 8 6.1 Baseline Ecological Value .......................................................................................................................... 8 6.2 Ecological Guidance in Relation to Site Layout .......................................................................................... 8 6.3 Biodiversity Net Gain ................................................................................................................................ 9 6.4 Additional Ecological Enhancement and Secured Long-term Habitat Management................................. 10 7.0 Other Ecological Considerations .............................................................................................................. 11 8.0 Summary of Agreed Matters ................................................................................................................... 11 9.0 Suggested Planning Conditions ............................................................................................................... 12 10.0 Matters of Dispute .................................................................................................................................. 14 11.0 Signatures ............................................................................................................................................... 14 12.0 References .............................................................................................................................................. 14 13.0 Appendix 1: Figures ................................................................................................................................. 15 14.0 Appendix 2: Letter of Great Crested Newt Survey Results (8 th June 2021) ............................................... 17 15.0 Appendix 3: Assessment of Biodiversity Net Gain June 2021 ................................................................... 17 List of Figures Figure 1: Ponds in the Wider Area and Results from the 2021 GCN Presence / Absence Surveys ............ 15 Figure 2: Phase 1 Habitat and Vegetation Map .......................................................................................... 16 ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 1
Document Control
Reporting Personnel Date
Author Victoria Burrows B.Sc. (Hons) M.Sc. CEnv MCIEEM 25th May 2021
Principal Ecologist
Signature(s)
Updated Victoria Burrows 7th July 2021
Checked Catie Haworth B.Sc. (Hons) M.Sc. 8th July 2021
Graduate Ecologist
Revised and issued Victoria Burrows 8th July 2021
Update Victoria Burrows 9th August 2021
Updated wording of planning conditions at Section 9.0
Report issued to Redrow Homes Ltd
Version Number 2
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 21.0 APPEAL PROPOSAL
1.1 The proposal seeks approval of an outline planning application for the construction of up to 80
dwellings (including 35% affordable housing) and associated infrastructure, with all matters
reserved (aside from vehicular access from Doctors Lane) at land off Tincklers Lane, Eccleston, PR7
5QJ (Chorley Council reference: 20/01131/OUTMAJ).
1.2 This Statement of Common Ground (SoCG) has been prepared by ERAP (Consultant Ecologists) Ltd
in consultation with the Greater Manchester Ecology Unit (GMEU), as ecological advisors to
Chorley Council.
2.0 PLANNING HISTORY AND SCOPE OF SURVEYS
2.1 Autumn 2020
2.1.1 To inform the planning application ERAP (Consultant Ecologists) Ltd carried out an ecological
survey and assessment of the site in September 2020. The relevant scope of ecological survey
was carried out by appropriately experienced and competent ecologists and under the relevant
Natural England survey licences. The Phase 1 Habitat Survey was supplemented by a water vole
presence / absence survey at the on-site ditch and an out-of-season great crested newt
environmental DNA presence / absence survey at Pond 1 (on site) in October 2020.
2.1.2 The Ecological Survey and Assessment report (ERAP (Consultant Ecologists) Ltd, 2020), hereafter
the ‘2020 ecology report’, was submitted with the planning application. Section 2.4 of the 2020
ecology report recognises the survey limitations as a result of the seasonal constraints and time
of commission, particularly in relation to the detection of great crested newt (a protected species)
at the on-site pond (Pond 1).
2.1.3 At that time and in consultation of the available survey data and conditions at the site and
surrounds namely, the presence of Tincklers Lane and Doctors Lane and the garden boundary
features at existing properties between the site and the relevant ponds that, in combination, are
considered to provide barriers to amphibian dispersal, combined with the poor suitability of the
terrestrial habitats within the site for sheltering great crested newt, and the fact that a number of
the ponds surrounding the site dry out, it was advised that adverse effects on great crested newt
as a result of the proposals can be reasonably discounted.
2.2 February 2021: Consultation Response from GMEU
2.2.1 A consultation response prepared by GMEU (dated 12th February 2021) states:
“Having considered the ecology report that has been submitted, I would recommend that this
application should not be determined due to lack of survey effort in relation to great crested newts.
Great crested newts and their habitats (which includes terrestrial habitats as well as ponds) are
legally protected, and as such are a material consideration when determining a planning
application. The protocol for great crested newt surveys is long standing and the acceptable
survey methodology and season for surveying for this species is well defined, which needs to be
followed to demonstrate that sufficient survey effort. This methodology has not been followed,
with surveys (eDNA and larvae netting) undertaken in October 2020 (the accepted survey window
for eDNA surveys is 15th-April – 30th June). This survey work has presumably been limited by the
time of year that the initial survey work was undertaken on the site, and the report does contain
some detailed analysis of desktop data and other ponds within close proximity to the site.
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 3However, GMEU do not consider that sufficient survey data has been submitted in order for the
LPA to fully assess the impact of the proposals on great crested newts. We would advise that
survey work on all ponds within 250m of the scheme which have ecological connectivity to the
scheme, is required before the application can be considered for determination. The survey work
undertaken following approved methodologies by appropriately qualified/licenced ecologist,
along with appropriate mitigation/compensation in line with the results of the survey work.
In addition to the above GMEU would also recommend further information in relation to the
impact of the scheme on the overall biodiversity value of the site. Currently there is some provision
of open space / SUDS scheme within the indicative layout, but I think it unlikely that the current
proposals would demonstrate no net loss within the proposed layout. Under the NPPF (section
170d and 175d) development should be aiming to deliver net gain for biodiversity, which is also
supported by BNE9 of the Chorley Council Local Plan. Given the scale of the proposals, I would
expect a development such as this to demonstrate it is achieving this objective, and in line with
the upcoming Environment Bill (which is due to come into force later in the year), I would like to
see a 10% net gain for biodiversity delivered through the scheme.
I would suggest that it would be appropriate for the DEFRA Biodiversity Metric 2.0 (or equivalent
if this model is superseded) to be used to evaluate the biodiversity value of the site and to
demonstrate if this goal has been achieved. It may be necessary to secure off –site provision if this
cannot be achieved on site.
Once these above points have been addressed we will make full comments on the application with
recommendations for a number of conditions relating to ecology.”
2.2.2 As such a holding objection was made by GMEU until relevant survey data in relation to great
crested newt (GCN) are available.
2.2.3 The sections below outline the current status and matters agreed in relation to GMEU’s initial
consultation response, with reference to supporting documents.
3.0 SITE DESCRIPTION / STATUS
3.1 Designated Sites for Nature Conservation
3.1.1 The site and adjacent land have no statutory or non-statutory designation for nature
conservation.
3.1.2 There are no statutory or non-statutory designated sites for nature conservation within a zone of
potential influence of the site and the proposals.
3.2 Vegetation and Habitats
3.2.1 The 3.06 hectare site is located to the east of Eccleston and immediately adjacent to existing
housing at its eastern boundary. Agricultural fields are present to the north and west. A cricket
ground and further agricultural fields are present to the south.
3.2.2 In September 2020 the site comprised a recently ploughed field (at the northern end of the site)
and a field of managed improved grassland field (at the southern end of the site) with boundary
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 4hedgerows and a pond (Pond 1) with surrounding Willow scrub. A ditch (Ditch 1) bisects the two
fields and extends adjacent to the eastern boundary of the improved grassland field.
3.2.3 Hedgerows border the western, northern and southern boundaries, beyond which lie Tincklers
Lane to the west, a field of improved grassland to the north and Doctors Lane to the south. Native
and ornamental hedgerows associated with gardens of the adjacent properties define the eastern
boundary of the northern half of the site; the southern half of the eastern boundary is defined by
Ditch 1, beyond which lie gardens and residential properties.
3.2.4 The ecological value and habitat connectivity function of the boundary hedgerows, Ditch 1 and
hedgerow trees are recognised in the 2020 ecology report. The hedgerows with standard trees
are identified as Priority Habitat and Hedgerow 2 (at the western boundary of the northern field)
meets the criteria to be ‘important’ in accordance with The Hedgerows Regulations 1997.
3.2.5 The habitats at the site and surrounds remain similar in May 2021. The site continues to be under
agricultural management and southern field was cut for haylage on 18th May 2021 and the
northern field comprises of grass species typical of agricultural land such as Perennial Rye-grass
(Lolium perenne), Meadow Foxtail (Alopecurus pratensis) and Rough Meadow-grass (Poa trivialis)
with Creeping Buttercup (Ranunculus repens) and Meadow Buttercup (Ranunculus acris). Pond 1,
the boundary hedgerows and the ditch remain in a similar condition to the descriptions as
reported in the 2020 ecology report.
3.2.6 Two invasive plant species listed on Schedule 9 of the Wildlife and Countryside Act 1981 (as
amended) were detected in September 2020 and a walkover survey in May 2021 confirmed the
presence of discrete areas of Indian Balsam associated with the drains in the site boundaries.
3.3 Protected Species and Animal Life
3.3.1 Six trees (Trees 1 to 6) on the site boundaries are assessed to be of ‘low’ suitability for use by
roosting bats owing to the presence of Ivy and / or other potential roost features with low
suitability. The retention of the trees is recommended and will be achieved by the Indicative
Masterplan (Urban Green / Redrow, 2020), refer to Section 6.2.
3.3.2 Habitats within the site, particularly Pond 1 and margins, the ditch and the hedgerows with trees
are suitable for use by foraging and commuting bats. Recommendations relating to the retention
of features identified to be of moderate value for use by foraging and commuting bats, and the
avoidance of adverse effects as a result of the severance / fragmentation of habitats and the
avoidance of use of inappropriate lighting, are described in the 2020 ecology report and will be
secured by the proposals.
3.3.3 The trees, shrubs and hedgerows provide favourable foraging and nesting habitat for the species
of birds detected within the site and the wider area via the records search (including house
sparrow, a Priority Species). Consideration of birds (including mandatory protection of breeding
birds and enhancements for Priority Species) are outlined in the 2020 ecology report and will be
secured.
3.3.4 Surveys for great crested newt comprising eDNA presence / absence surveys and population size
class assessment surveys were carried out in Spring 2021, refer to Section 5.0 of this SoCG and
Appendix 2 which provides the results of all great crested newt surveys.
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 53.3.5 Appropriate survey effort and / or assessment in accordance with standard guidance has been
carried out to reasonably discount adverse effects on other relevant protected species namely
badger, water vole and otter.
4.0 SUBMITTED / REFERENCED DOCUMENTS
4.1 This SoCG makes reference to the following documents relevant to the planning application:
a. Ecological Survey and Assessment report (ERAP (Consultant Ecologists) Ltd, 2020), hereafter
referred to as the ‘2020 ecology report’;
b. The Greater Manchester Ecology Unit’s consultation response (dated 12th February 2021) on
the planning application. This response identifies the need for great crested newt survey data
and consideration of biodiversity value;
c. ERAP (Consultant Ecologists) Ltd response (dated 15th March 2021) to GMEUs planning
consultation outlining the scope of GCN survey to be carried out and the measures to be
applied to secure and deliver opportunities for biodiversity at the site;
d. GMEUs emailed response dated 30th March 2021 accepting the scope of GCN survey to be
carried out;
e. GMEUs emailed response dated 22nd April 2021 agreeing the scope of assessment of net gain
for biodiversity;
f. A letter prepared by ERAP (Consultant Ecologists) Ltd dated 8th June 2021 to provide the
results of the great crested newt presence / absence and population size class assessment
surveys carried out in April, May and June 2021 and an outlined mitigation strategy (Appendix
2); and
g. An outline Biodiversity Net Gain Assessment report (including application of the Defra
Biodiversity Metric Calculation Tool 2.0) based on the Indicative Masterplan and the site
parameters (Appendix 3).
5.0 GREAT CRESTED NEWT
5.1 Scope of Great Crested Newt (GCN) Survey
5.1.1 As outlined in the letter prepared by ERAP (Consultant Ecologists) Ltd, dated 15th March 2021 and
in emailed correspondence (dated 30th March 2021) it was agreed with GMEU that ponds within
the site and within 250 metres of the site (excluding Pond 8) should be surveyed for the presence
/ absence of GCN from 15th April 2021.
5.1.2 As agreed, owing to the size of the site (3.06 hectares) and the ‘green: offence unlikely’ result of
the rapid risk assessment tool in consideration of ponds beyond 250 metres of the site boundary
(i.e. Ponds 9 to 16 on Figure 1), these ponds do not require further consideration in relation to
GCN and the planning application.
5.1.3 As agreed with GMEU (email dated 30th March 2021), Pond 8 was discounted from further survey
owing to its distance (202 metres) from the site boundary, the condition of the intervening
habitats and the presence of Doctors Lane (a road with kerbstones) which lies between Pond 8
and the site. GMEU accepted that, in combination, these features create barriers and
unfavourable terrestrial habitat for newts to traverse between Pond 8 and the development site
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 6(email dated 30th March 2021). However, as a spare eDNA kit was available (owing to the presence
of dry conditions at Pond 4 in April 2021) Pond 8 was also sampled in April 2021.
5.1.4 Two additional ponds, not visible on aerial imagery or on MAGiC map, were confirmed to be
present in April 2021 and comprise:
a. Pond 17: A flooded field margin not present during the walkover survey and Habitat
Suitability Index assessment survey carried out in September 2020; and
b. Pond 18: A garden fish pond in private ownership.
5.1.5 It was agreed that this scope of survey is in accordance with Natural England guidance as
presented in the GCN Method Statement WML-A14-2 (Version April 2020)(Natural England,
2020).
5.1.6 As such eDNA presence / absence surveys in accordance with the relevant survey methods were
carried out at Ponds 1, 2, 3, 6, 8, 17 and 18 (Ponds 4 and 7 were dry and Pond 5 no longer present).
A comprehensive account of the survey methods is provided in the letter dated 8th June 2021
prepared by ERAP (Consultant Ecologists) Ltd (Appendix 2).
5.2 GCN Status
5.2.1 The GCN eDNA sample at Pond 1 (within the site) is negative for GCN.
5.2.2 The GCN eDNA samples at Ponds 2, 3, 6, 8 and 18 are negative for GCN.
5.2.3 Pond 17 was positive for GCN and, in accordance with the relevant survey methods as described
in the Great Crested Newt Mitigation Guidelines (English Nature, 2001), the survey effort
progressed to a population size class assessment survey. The surveys have confirmed the
presence of a small (between 1-10 GCN) population size class (Appendix 2).
5.3 Mitigation Strategy and Recommendations
5.3.1 The letter at Appendix 2 evaluates and assesses the impact on individual GCN and GCN habitats
and concludes, with supporting evidence, that, taking into consideration the specific conditions
at the site and surrounds it is considered that the potential for the development proposals to
adversely impact the favourable conservation status of GCN and their habitats is negligible and
the risk of harm to individual GCN is reasonably discounted.
5.3.2 The letter identifies that in the interests of best practice and owing to the presence of other
amphibian species associated with Pond 1 on site (common frog) the application of a Reasonable
Avoidance Measures Method Statement (RAMMS) for the protection of amphibians is
appropriate. A RAMMS (to be combined with the measures to enhance Pond 1 for biodiversity,
as outlined below) is described in the letter (Appendix 2).
5.3.3 As such, it is considered that obligations in relation to relevant planning policy, relevant wildlife
legislation and best practice have been fully considered and addressed.
5.3.4 Correspondence between GMEU and Chorley Council has confirmed that GMEU is satisfied with
the survey work and that suitable planning conditions can be prepared in relation to GCN. As such
it has been confirmed the Council will not pursue the objections on this topic at the Appeal.
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 76.0 SITE LAYOUT / PARAMETERS AND BIODIVERSITY VALUE
6.1 Baseline Ecological Value
Area Based Habitats
6.1.1 As identified in the 2020 ecology survey the site comprises grasslands managed for agricultural
productivity, marginal stands of Common Nettle, Bramble scrub, and an overgrown and shaded
pond bordered by mixed scrub. No rare or uncommon plant species were detected, none of these
habitats are Priority Habitat or are indicative of semi-natural vegetation.
6.1.2 The condition assessments for the grasslands, scrub and Pond 1 (presented at Appendix 3)
confirm that these habitats are of ‘poor’ condition.
Linear Habitats
6.1.3 The seven native hedgerows at the site are Priority Habitat. The value of the hedgerows and
associated trees for the support of fauna and habitat connectivity function is recognised.
6.1.4 The condition assessments for the native hedgerows (presented at Appendix 3) confirm that these
linear habitats are either of ‘good’ or ‘moderate’ condition with the exception of the non-native
hedgerow.
6.2 Ecological Guidance in Relation to Site Layout
6.2.1 Ecological guidance, based on the baseline surveys, has been provided to the design team
throughout the preparation of the Indicative Masterplan.
6.2.2 The recommendations and guidance provided follows ‘The Mitigation Hierarchy’ (i.e. avoid,
mitigate, compensate), as advised by paragraph 175 of the NPPF, to aim to ensure that the
development is implemented in accordance with relevant wildlife legislation, Natural England
guidance, the principles of the NPPF, relevant local planning policy and best practice.
6.2.3 Where possible, opportunities to enhance the ecological interest and habitat connectivity and
seek biodiversity gain through appropriate landscape planting and habitat creation and
management have been identified, as required by the NPPF and other relevant planning
documents.
6.2.4 The recommendations outlined in Section 5.2 of the 2020 ecology report and achieved by the
Indicative Masterplan (to demonstrate feasibility) are listed below:
a. Retention and protection of Pond 1 with an appropriate buffer between the pond and any
built development (and enhancement comprising secured long-term management in
accordance with conservation objectives, see below);
b. Retention and enhancement of the on-site ditch for biodiversity (with the exception of the
section to be culverted for the road access) and secured long-term management in
accordance with conservation objectives; and
c. Retention and enhancement of the hedgerows for biodiversity, secured compensatory
planting of native hedgerows, as needed, and secured long-term management in accordance
with conservation objectives.
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 86.2.5 In addition to the guidance outlined above, to maximise habitat connectivity through the site the
Indicative Masterplan (and detailed proposals to be presented at the Reserved Matters stage) can
secure:
a. Maximised green infrastructure and green links through the site with the use of landscape
planting and accommodation of street trees and trees in the gardens as stepping stones;
b. Arrange and align properties to create contiguous gardens;
c. Creation of SuDS wetland / pond and wildflower grassland habitats which will complement
Pond 1 and, importantly, are located with habitat connectivity to Pond 1;
d. Design and implementation of an appropriate and sensitive lighting strategy to avoid any
adverse effects on wildlife such as foraging bats, including the avoidance of lighting where not
required. The lighting scheme will be designed with reference to current guidance, namely:
▪ Guidance Note 8: Bats and Artificial Lighting in the UK (Institution of Lighting Professionals
& Bat Conservation Trust, 2018); and
▪ Bats and lighting: Overview of current evidence and mitigation guidance (Stone, 2014).
e. Ensure the developed areas of the site are permeable to wildlife such as hedgehog (a Priority
Species) by the installation of lifted gates and plot boundary fences and / or the
accommodation of gaps to permit the passage of wildlife beneath.
6.3 Biodiversity Net Gain
6.3.1 The GMEU consultation letter (12th February 2021) initially indicated that ‘Given the scale of the
proposals, I would expect a development such as this to demonstrate it is achieving this objective,
and in line with the upcoming Environment Bill (which is due to come into force later in the year),
I would like to see a 10% net gain for biodiversity delivered through the scheme.”
6.3.2 Whilst it is accepted that the need for a development proposal to achieve, secure and deliver gains
for biodiversity is established in accordance with paragraphs 170d and 175d of the National
Planning Policy Framework (NPPF) (Ministry of Housing, Communities and Local Government,
February 2019) and also Policy BNE9 of the Chorley Local Plan 2012- 2026, the need to achieve
10% net gain was appealed (ERAP (Consultant Ecologists) Ltd’s letter dated 15th March 2021). The
appeal was on the basis of there being no [current] legal requirement to provide a 10% net gain
and that current planning policy (NPPF and Chorley Local Plan) require net gain where possible
but do not state 10%. GMEU has since agreed (email dated 24th April 2021) that net gain should
be achieved, where possible but that 10% is not required.
6.3.3 The GMEU correspondence dated 24th April 2021 states:
“Judgements regarding net gain and the use of the metric are made on a case by case basis. My
feeling for this development is that the DEFRA metric should be used to establish a base level for
the site and then the impact of the proposals on the biodiversity can be demonstrated. This will
allow the applicant to demonstrate if the measures they are proposing will results in net gain (as
per BNE9 of Chorley local plan) or if more needs to be done to ensure at least no net loss/net gain,
even if the figure of 10% is not achieved.”
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 96.3.4 On this basis completed assessment of Biodiversity Net Gain (BNG) using The Biodiversity Metric
2.0 Calculation Tool Beta Test Final (Natural England, 2019) (Appendix 3: Biodiversity Metric 2.0
Calculation Tool Tincklers Lane 09.06.21) has been carried out based on a range of parameters.
6.3.5 The headline result achieves a net gain in biodiversity units.
6.3.6 As this application is made in outline it is only feasible to base the proposals on parameters (i.e.
areas / lengths of habitat to be retained (and enhanced), areas of landscape planting and public
open space and the habitats to be created and the area of developed land). The parameters used
have been discussed and approved by Redrow Homes Ltd to ensure that they are feasible and
achievable and to demonstrate a transparent approach. This is only an indicative assessment and
the full assessment can only be carried out at the reserved matters stage, the calculation at
Appendix 3 does, however, identify that no net loss and measurable net gain (in accordance with
current national planning policy and local policy) can be achieved at the site.
6.4 Additional Ecological Enhancement and Secured Long-term Habitat Management
6.4.1 In addition, as outlined in ERAP (Consultant Ecologists) Ltd letter dated 15th March 2021 the
proposals will secure a number of other measurable / quantifiable gains that the calculator does
not take account of such as:
a. Removal and control of invasive plant species;
b. Enhancement of Pond 1 and provision of opportunities for breeding amphibians and aquatic
invertebrates such as dragonfly and damselfly species by:
▪ Selective removal of scrub at the southern margin of Pond 1 to allow light onto the pond
to promote a greater diversity of plant life and enhance the habitat for breeding
amphibians;
▪ The pond should remain at least 500m2 in area;
▪ The bed of the pond should incorporate gently sloping, scalloped margins (0.05 to 0.5
metres deep) to create shallows for the colonisation by wetland and emergent plants;
▪ A deeper ‘sump’ (up to 1.25 metres depth) will be created to ensure an area of open water
remains present during periods of dry weather;
▪ Planting of the margins with native species such as Yellow Iris, Common Water Plantain
(Alisma Plantago-aquatica), Purple Loosestrife (Lythrum salicaria), Marsh Bedstraw
(Galium palustre), Lesser Spearwort (Ranunculus flammula), Water Forget-me-not
(Myosotis scorpioides), Gipsywort (Lycopus europaeus), Brooklime, Meadowsweet
(Filipendula ulmaria) and Marsh Marigold (Caltha palustris). Bulrush (Typha species)
should not be planted as this can quickly become dominant and choke the pond;
▪ To ensure that habitats favourable for use by sheltering amphibians are retained at the
site it is recommended that the provision of two hibernacula are accommodated, refer to
the 2020 ecology report;
▪ For health and safety reasons it may be necessary to install a knee-rail fence to demarcate
the pond edges (this may be combined with a metal mesh to prevent dog access);
▪ A buffer of at least 5 to 10 metres of grassland habitat between the pond margins and any
roads or built development will be included the landscape design of the site;
▪ Fish will not be introduced to the pond;
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 10▪ As part of the landscape planting proposals the land around the pond will be seeded with
a low maintenance wildflower grassland such as the EM1 mix supplied by
www.wildseeds.co.uk; and
▪ The planting of trees and shrubs in proximity to the pond should be avoided as the pond
will soon become choked with leaves.
c. Accommodation of provisions for roosting bats at the new properties and retained trees;
d. Accommodation of provisions for nesting birds, including Priority Species and conservation
targets such as house sparrow, starling and swift at the new properties and retained trees;
e. Introduction of new habitats to the site such as wildflower grasslands at the SuDS (to be
managed for biodiversity); and
f. Maximised use of native plants and species known to have value for the attraction of wildlife
throughout the landscape schedule.
6.4.2 The additional measures outlined above can be secured through the planning process.
7.0 OTHER ECOLOGICAL CONSIDERATIONS
7.1 The planning consultation response prepared by GMEU (dated 12th February 2021) and later
correspondence does not identify any additional concerns or issues in relation to the scope of
ecological survey, the ecological status of the site and surrounds, the planning application and
compliance with relevant planning policy.
7.2 The concluding paragraph of the planning consultation response prepared by GMEU (dated 12th
February 2021) states that once the matters in relation to GCN and biodiversity value have been
addressed (as agreed above) “GMEU will make full comments on the application with
recommendations for a number of conditions relating to ecology.”
8.0 SUMMARY OF AGREED MATTERS
8.1 The following matters are agreed between the parties:
a. The scope and findings of the 2020 ecology report, supplemented by the GCN presence /
absence survey data and the population size class assessment data collated at relevant ponds
in spring 2021, are appropriate and accepted in support of the planning application;
b. The application of RAMMS for the protection of GCN and other amphibians is accepted and
appropriate;
c. Subject to the mitigation measures / ecological enhancement measures outlined above being
secured by appropriately worded planning conditions, the development will not result in any
material adverse effect on biodiversity, a likely net gain for biodiversity in accordance with
the Defra biodiversity calculation tool is demonstrated and enhancement can be achieved in
respect of some receptors; and
d. The proposals achieve compliance with relevant planning policies namely paragraphs 170 and
175d of the NPPF, Policy BNE9: Biodiversity and Nature Conservation of the Chorley Local Plan
2012-2026, relevant wildlife legislation and best practice.
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 119.0 SUGGESTED PLANNING CONDITIONS
9.1 The following planning conditions are suggested (as provided by GMEU in an email to Chorley
Council dated 10th June 2021):
Amphibian RAMMS
9.2 Prior to the commencement of development hereby approved, including any vegetation clearance
or ground works, and notwithstanding any information submitted with the application, an
amphibian Reasonable Avoidance Measures Method Statement shall be submitted to and
approved in writing by the Local Planning Authority. The Method Statement shall give full details
of how any possible harm to amphibians (including great crested newts) is to be avoided during
the course of the construction period and operation of the site. The development shall be carried
out in accordance with the approved Method Statement.
Construction Environment Management Plan (CEMP): Biodiversity
9.3 No development shall take place (including, ground works, vegetation clearance) until a
construction environmental management plan (CEMP: biodiversity) has been submitted to and
approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the
following.
a) Risk assessment of potentially damaging construction activities.
b) Identification of "biodiversity protection zones".
c) Practical measures (both physical measures and sensitive working practices) to avoid or
reduce impacts during construction (may be provided as a set of method statements).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to
oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly
competent person.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period
strictly in accordance with the approved details, unless otherwise agreed in writing by the local
planning authority.
Nesting Birds
9.4 No removal of or works to any hedgerows, trees or shrub or other vegetation shall take place
between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a
careful, detailed check of vegetation for active birds' nests immediately before the vegetation is
cleared and provided written confirmation that no birds will be harmed and/or that there are
appropriate measures in place to protect nesting bird interest on site. Any such written
confirmation should be submitted to the local planning authority.
Invasive Plant Species
9.5 Prior to the commencement of development (including ground works and vegetation clearance),
an invasive non-native species protocol shall be submitted to and approved by the local planning
authority, detailing the containment, control and removal of Himalayan cotoneaster, Himalayan
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 12balsam and Montbretia on site. The measures shall be carried out strictly in accordance with the
approved scheme.
Appropriate Use of Lighting
9.6 Prior to occupation, a "lighting design strategy for biodiversity" shall be submitted to and
approved in writing by the local planning authority. The strategy shall:
a) identify those areas/features on site that are particularly sensitive for bats and other
nocturnal wildlife and that are likely to cause disturbance in or around their breeding sites
and resting places or along important routes used to access key areas of their territory, for
example, for foraging;
and
b) show how and where external lighting will be installed (through the provision of appropriate
lighting contour plans and technical specifications) so that it can be clearly demonstrated that
areas to be lit will not disturb or prevent the above species using their territory or having
access to their breeding sites and resting places.
All external lighting shall be installed in accordance with the specifications and locations set out
in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under
no circumstances should any other external lighting be installed without prior consent from the
local planning authority.
Ecological Enhancement
9.7 A detailed design and landscape plan will be required and should be secured by the LPA, which
should incorporate the measures included within the ecology report to enhance the site for
biodiversity, such as provision of bat access panels and nest boxes within the new buildings, and
allowing sufficient connectivity through the development site by creating gaps in the fencing, as
well as the use of native and wildlife friendly species within the landscaping. An updated version
of the BNG metric will also be required in response to the detailed drawings, once they have been
approved.
Landscape and Ecological Management Plan
9.8 A landscape and ecological management plan (LEMP) shall be submitted to, and be approved in
writing by, the local planning authority prior [... to the commencement or occupation ...] of the
development [or specified phase of development]. The content of the LEMP shall include the
following.
a) Description and evaluation of features to be managed.
b) Ecological trends and constraints on site that might influence management.
c) Aims and objectives of management.
d) Appropriate management options for achieving aims and objectives.
e) Prescriptions for management actions.
f) Preparation of a work schedule (including an annual work plan capable of being rolled
forward over a five-year period).
g) Details of the body or organization responsible for implementation of the plan.
h) Ongoing monitoring and remedial measures.
The LEMP shall also include details of the legal and funding mechanism{s} by which the long-term
implementation of the plan will be secured by the developer with the management body(ies)
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 13responsible for its delivery. The plan shall also set out (where the results from monitoring show that
conservation aims and objectives of the LEMP are not being met) how contingencies and/or
remedial action will be identified, agreed and implemented so that the development still delivers
the fully functioning biodiversity objectives of the originally approved scheme.
10.0 MATTERS OF DISPUTE
10.1 There are no remaining matters of dispute.
11.0 SIGNATURES
11.1 It is confirmed that the statements made in Section 8.0 (Summary of agreed matters) and the
proposed conditions relating to ecology in Section 9.0 are agreed.
Victoria Burrows
Principal Ecologist
ERAP (Consultant Ecologists) Ltd
Emma Marston
Ecologist
Greater Manchester Ecology Unit
12.0 REFERENCES
English Nature, 2001. Great Crested Newt Mitigation Guidelines. Peterborough: English Nature .
ERAP (Consultant Ecologists) Ltd, 2020. Tincklers Lane, Eccleston PR7 5QU. Ecological Survey and Assessment, Preston:
ERAP (Consultant Ecologists) Ltd.
Institution of Lighting Professionals & Bat Conservation Trust, 2018. Guidance Note 8: Bats and Artificial Lighting in
the UK. [Online]
Available at: https://www.theilp.org.uk/documents/guidance-note-8-bats-and-artificial-lighting/
[Accessed 18 June 2021].
Natural England, 2020. GCN Method Statement WML-A14-2 (Version April 2020). [Online]
Available at: https://www.gov.uk/government/publications/great-crested-newts-apply-for-a-mitigation-licence
Natural England, 2020. Great crested newts: advice for local planning authorities. [Online]
Available at: https://www.gov.uk/guidance/great-crested-newts-surveys-and-mitigation-for-development-projects
[Accessed 2021].
Stone, E. L., 2014. Bats and Lighting: Overview of current evidence and mitigation guidance. Bristol: University of
Bristol.
Urban Green / Redrow, 2020. Land East of Tincklers Lane, Eccleston. Illustrative Masterplan. Drawing
:UG_710_UD_DRG_MPLAN_06B, Manchester: Urban Green / Redrow.
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 1413.0 APPENDIX 1: FIGURES Figure 1: Ponds in the Wider Area and Results from the 2021 GCN Presence / Absence Surveys ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 15
Figure 2: Phase 1 Habitat and Vegetation Map ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 16
14.0 APPENDIX 2: LETTER OF GREAT CRESTED NEWT SURVEY RESULTS (8TH JUNE 2021)
Separate document
15.0 APPENDIX 3: ASSESSMENT OF BIODIVERSITY NET GAIN JUNE 2021
Separate document
ERAP Ltd. 2020-275 Tincklers Lane, Eccleston, PR7 5QJ: Statement of Common Ground: Ecology August 2021 17You can also read
