What chemicals can I use in bat roosts ?

Natural England guidance on chemicals not affecting bats is hard to find on gov.uk. We have uploaded a copy of “Natural England Technical Information Note TIN092 Bat roosts and timber treatment products” [TIN092_Bat_Friendly_Timber_Treatment], which is the First edition dated 15 March 2011. This gives a list of those commonly available products currently approved as remedial timber treatment chemicals and products in bat roosts. This was an update to the information in the 3rd edition of the Bat Workers Manual.

We know the list is not comprehensive. If you can’t find what you are looking for, you may be best to get us to ring Natural England on your behalf.  They are very friendly and generally able to make a quick response on the subject.

Schedule 9 invasive plants and development

Schedule 9 plants are invasive and generally need controlling on a development site. After talking to a client about yellow archangel, we thought a list of schedule 9 would be helpful. It is an offence to “plant or otherwise cause to grow in the wild invasive non-native plants listed on Schedule 9 of the Wildlife and Countryside Act.”

A lot of the most invasive are aquatic or live in marshy environments e.g. Crassula helmsii, but brownfield sites also harbour species such as knotweed.  We can advise on control methods to incorporate into construction management for you.

Plants listed on Schedule 9 of the Wildlife and Countryside Act in England and Wales

Common Name Latin Name  
Elodea (waterweeds) eg Canadian waterweed Elodea Canadensis All species of the Elodea genus Aquatic – widespread in Norfolk
Curly waterweed Lagarosiphon major Aquatic
Duck potato Sagittaria latifolia Aquatic
Entire-leaved cotoneaster Cotoneaster integrifolius Garden escape
Knotweed Fallopia japonica x Fallopia sachalinensis (a hybrid knotweed) Brownfield sites
False Virginia creeper Parthenocissus inserta Garden escape
Fanwort (Carolina water-shield) Cabomba caroliniana Aquatic
Few-flowered leek Allium paradoxum
Floating pennywort Hydrocotyle ranunculoides Aquatic – highly invasive
Floating water primrose Ludwigia peploides Aquatic
Giant hogweed Heracleum mantegazzianum Fairly commonly encountered
Giant knotweed Fallopia sachalinensis Brownfield sites
Giant rhubarb Gunnera tinctoria Too cold in Norfolk
Giant salvinia Salvinia molesta Aquatic
Green seafingers Codium fragile
Himalayan cotoneaster Cotoneaster simonsii
Hollyberry cotoneaster Cotoneaster bullatus
Hottentot-fig Carpobrotus edulis Too cold in Norfolk
Indian balsam Himalayan balsam Impatiens glandulifera Water courses and rivers
Japanese knotweed Fallopia japonica Brownfield sites
Japanese rose Rosa rugosa
Montbretia Crocosmia x crocosmiiflora
New Zealand pigmyweed (Australian swamp-stonecrop) Crassula helmsii Aquatic – highly invasive in Norfolk
Parrot’s-feather Myriophyllum aquaticum Aquatic
Perfoliate Alexanders Smyrnium perfoliatum
Purple dewplant Disphyma crassifolium
Red algae Grateloupia luxurians
Rhododendron Rhododendron ponticum Acid soils only
Rhododendron Rhododendron ponticum x Rhododendron maximum Acid soils only
Small-leaved cotoneaster Cotoneaster microphyllus Garden escape
Shallon Gaultheria shallon
Three-cornered garlic Allium triquetrum Too cold in Norfolk ?
Variegated yellow archangel Lamiastrum galeobdolon subsp. argentatum Garden escape
Virginia creeper Parthenocissus quinquefolia Garden escape
Water fern Azolla filiculoides Aquatic
Water hyacinth Eichhornia crassipes Aquatic
Water lettuce Pistia stratiotes Aquatic
Water primrose Ludwigia grandiflora / Ludwigia uruguayensis Aquatic
Yellow azalea Rhododendron luteum Acid soils only

What is Section 28 permission ?

Section 28 is the way in which Natural England offer permission for acts that might potentially damage SSSIs.  It refers to the 1981 Countryside & Wildlife Act, which was amended by the Countryside Rights of Way Act 2000 and the Natural Environment and Rural Communities Act 2006.  It applies to individual landowners as well as public bodies such as Secretary of State, government departments and agencies, local authorities and statutory undertakers ( water, gas, drainage boards ).

The Act requires people who own or occupy of SSSIs to ask Natural England for permission to carry out operations that may “damage the special interest of the site”.  These operations  (also might be called ‘Operations Likely to Damage’ (OLD) or ‘Potentially Damaging Operations’ ( PDOs) are listed for each SSSI. They might include drainage, excavation or change of use.  [Normally where the site is already under a management agreement or management plan agreed with Natural England then the consent will be implicit in these plans. ].

There are three separate strands, based on who is applying and why :

1. Consents (= Section 28 E)

– applies to SSSI owners/occupiers of an SSSI asking permission to undertake works, including a public body where it isnt part of their functions e.g. where they own a SSSI.

2. Assents (= Section 28 H)

where public bodies are carrying out their functions such as  and they need to undertake works on a site that includes an operation identified in the SSSI notification as likely to damage.

3. Advice (= Section 28 I)

– where a public body, such as a local authority, has powers to grant permission for others to undertake work on an SSSI.  Natural England can advise against giving permission for such operations that may “damage the special interest of the site” or advise that conditions should be attached.

Natural England may grant consent, with or without conditions, or refuse consent on operations, where it is not “compatible with furthering the conservation and enhancement of the special interest of the site”.

More information is available from Natural England : https://www.gov.uk/guidance/protected-areas-sites-of-special-scientific-interest 

Ring us if you need advice or supporting surveys.

Mitigating for great crested newts

Since starting great crested newt surveys in mid-March 2015, about 20% of the 75 ponds surveyed across Norfolk contained newts. For these sites, their development may now require a “European Protected Species Mitigation” ( EPSM ) licence, granted by Natural England after planning permission is given.

Lemonade and great crested newts

Bottle Trap

Bottle trap used in great crested newt surveys

We devise the mitigation strategy for clients based on where and how many newts are present.

To estimate numbers, we make six nocturnal counts via netting, with “bottle traps” (1.5 litre lemonade bottles) and spotlights. This indication of population size is used to devise a proportional strategy, ensuring that your development does not adversely affect newt populations.

Compensatory habitat

The EPSM licence needs to provide “compensatory habitat” at least equal in extent to that lost by development.  Newt habitats include scrub, grassland and woodland, but also often brown field areas, especially near old gravel or brick pits.  Ideas to think about when designing “compensatory habitat” are:

  • Restoring existing ponds to make them more suitable for great crested newts by clearing out shading scrub or desilting.
  • Creating brand new ponds: often also an attractive landscape feature (but no fish please and balancing lagoons aren’t suitable!)
  • Making wildflower meadows: good foraging habitat for newts plus an attractive feature managed well;
  • Planting woodland belts and hedgerows makes excellent shaded habitat for newts with leaf litter and logs, plus good for site landscaping, and corridors for newts to travel along to safely get from one area to another.

The bucket stage

If work cannot avoid impacting great crested newts, the development will need fencing off and trapping out with “pitfall traps” (buckets) to capture them and move them to safety.   Trapping normally takes place in autumn or early spring as it requires both suitably wet weather, but reasonable temperatures for the newt activity.

The number of nights trapping depends on the population, varying between 30 and 90 nights with additional needs where breeding ponds are removed.  If the fencing fails during building, then retrapping may be required, so investment in a decent spec fence is worth some thought. Generally you will need to keep the perimeter up from start to finish.

To create the compensatory habitat for a site near Dereham, we cleared ornamental shrubs and seeded the bare banks with wetland wildflowers around an existing pond, creating excellent refuges and invertebrates to hunt. Enclaves of wildflowers and trees were connected via thick hedgerows running around the boundary of the development, linking to hedges and ponds in the landscape.  Post development, the 2015 recount of newts showed numbers of breeding newts have remained consistent at 85, and that the mitigation had been successful.

Bat licence delays – May update

Brown long-eared bat captured during demolition work

Brown long-eared bat caught in demolition work

Finally some good news for bat licences !  The bat queue seems to be declining and the delays are down from four to three weeks. Not brilliant, but better than nowt. Our forecast is for no improvement in the immediate to near future seems to have been wrong ! We don’t have May data for newts, cos we are too busy doing surveys still.

There are still staff shortages within the species protection teams, so the reduction must be down to the effort of the staff. We suspect that they will now be given a large pay rise in recognition of their efforts.

Natural England delays remain in reviewing European Protected Species Licence applications. If you need to gaining a licence and how it might affect your project, please contact us as soon as possible.

The following are based on ‘New’ Application processing time during the four week period 06th April 2015 to 08th May 2015 :

Bat Update (as of 8th May 2015)

  • 202  ‘New’ Applications outstanding [ 368 on 6/4/15 ; 355 on 10/2/15 ; 279 on 22/12/14 ]
  • “New application processing time: Average delay of 14 days (44 days versus 30 working day decision deadline) [ Reduction from 47 days on 6/4/15 ; 48 days in February and 47 days in 22 December ]

Similar processing times were reported for Modifications and Resubmissions.

 

Great crested newt mitigation and translocation

When should I think about great crested newt mitigation ?

If you are planning on developing a site and have had an ecological survey to assess impacts to wildlife read on. The results of this survey have identified potential impacts on great crested newts in and around the proposed development area.  You need to start thinking about mitigation for great crested newts at this point. For example you may need to create new habitats offsite to offset any damage on site.

What happens if there are great crested newts in an area for proposed development?

You must apply for a European Protected Species Mitigation (EPSM) licence from Natural England (NE). There is no charge by NE for EPSM licenses, however, the development must pass three legal tests. The activity must be for a purpose of public interest (for example, for providing housing ). There must be no satisfactory alternative that will cause less harm to the species. The activity must not harm the long-term conservation status of the species.

Planning permission for any development of the proposed site should be granted prior to applying for an EPSM licence. Once a licence has been applied for, you can usually expect a licensing decision within 30 days, but NE is currently assessing a large volume of applications.

A mitigation strategy forms part of the licence application. This both safeguards the great crested newt population before and after works and prevents harm to the individual animals. There will be a legally binding Method Statement which will include methods e.g. for translocation to remove individual newts, and a timetable.  Although these can be varied if something unexpected happens, not complying with the licence is a legal offence, so they need to be well thought through.

Translocation

Sometimes it is not possible to retain newt populations within a development site. In this case they will need to be moved – known as “translocation” or trapping out.  Translocation of Great Crested Newts will always involve a licence application to Natural England.

In the application Natural England will want to see that :

– The translocation site is as near as possible to the original site. In general over a mile would be unacceptable to them except in exceptional circumstances.  This is because the mitigation needs to maintain the populations at a local level, but also due to the risks of spreading chytrid and other amphibian diseases across the countryside.

– Any ponds removed or adversely affected will be replaced, preferably at a least a 2:1 ratio, . This is based on the presumption that not all ponds will be successful for newts.  Sometimes enhancement of existing ponds is possible e.g. old overgrown ponds now unsuitable for newts. SUDS ponds or balancing lagoons are not suitable.  The pond needs to be specifically for the species.

– There will need to be new habitat created or enhanced at least equal in area to that lost and/or of a higher quality. Examples might include arable land being replaced by grassland or improved grass leys replaced by scrub and woodland.

– In general you will need a survey to see if there are newts already at the translocation site. Translocating newts into ponds with existing populations is not acceptable, as there is no net gain for the species, since they just compete with newts already there.

– The management of the site will need to be guaranteed “in perpetuity” – normally by a Section 106 agreement with the landowner.  This is clearly less complex where the land is within the blue line of the development site owner or even with the red line.

Trapping a site out can be a lengthy process and take over a year allowing for licence application and seasons.  Trapping will normally be for 60 suitable days, but with additional requirements for breeding ponds. Suitable days are normally during spring and autumn, when temperatures are warm enough but not too dry for the newts to move around. When conditions are not suitable ( e.g. there is no rain for several days or it is too cold ), then trapping nights become “invalid” and the period of time needs to be extended.  Thus 60 trapping nights could in reality extend over an additional nights say or be caught short by the autumnal frost or a summer drought.

Planning law says that the local planning authority have to assess whether a European Protected Species for a site is likely to be granted by Natural England ( e.g. Morge versus Hants and more recently Elsworthy Farm judgement ) prior to granting permission.

How does the licence work when developing a site?

You need to keep a copy of the licence on site, and you may be inspected by Natural England to see if you are complying with it – they can request to see this copy.  Certain works will be carried out or supervised by your licenced ecologist, but there will be other responsibilities resting on the client. Make sure all contractors coming on site are inducted on it, and stick to what it says. At the end of the works, you need to make a licence return to prove that they have been carried out, and monitoring of any new ponds is necessary to give some measure of success.

For great crested newt legislation, see this post.