Outline Habitat Management Plan · 2020-01-30 · Project Morfa Pingett Solar Farm Outline Habitat Management Plan Version FINAL Project number P19-244 Name Position Date Originated

Morfa Pingett Solar Farm

Outline Habitat Management Plan

BLANK PAGE

Issuing office Merlin House | No 1 Langstone Business Park | Newport | NP18 2HJ

T: 01633 509000 | W: www.bsg-ecology.com | E: [email protected]

Client Richard Thomas and Co (Hydro) Ltd

Project Morfa Pingett Solar Farm Outline Habitat Management Plan

Version FINAL

Project number P19-244

Name Position Date

Originated Gareth Lang Senior Ecologist 12 July 2019

Reviewed Owain Gabb Partner 23 July 2019

Approved for issue to client

Owain Gabb Partner 29 July 2019

Draft issued to client

Gareth Lang Senior Ecologist 29 July 2019

Issued as final Gareth Lang Senior Ecologist 12 August 2019

Disclaimer

This report is issued to the client for their sole use and for the intended purpose as stated in the agreement between the client and BSG Ecology under which this work was completed, or else as set out within this report. This report may not be relied upon by any other party without the express written agreement of BSG Ecology. The use of this report by unauthorised third parties is at their own risk and BSG Ecology accepts no duty of care to any such third party.

BSG Ecology has exercised due care in preparing this report. It has not, unless specifically stated, independently verified information provided by others. No other warranty, express or implied, is made in relation to the content of this report and BSG Ecology assumes no liability for any loss resulting from errors, omissions or misrepresentation made by others.

Any recommendation, opinion or finding stated in this report is based on circumstances and facts as they existed at the time that BSG Ecology performed the work. The content of this report has been provided in accordance with the provisions of the CIEEM Code of Professional Conduct. BSG Ecology works where appropriate to the scope of our brief, to the principles and requirements of British Standard BS42020.

Nothing in this report constitutes legal opinion. If legal opinion is required the advice of a qualified legal professional should be secured. Observations relating to the state of built structures or trees have been made from an ecological point of view and, unless stated otherwise, do not constitute structural or arboricultural advice.

Derbyshire Oxford Newcastle Newport Swansea Cambridge | BSG Ecology is a trading name of Baker Shepherd Gillespie LLP

Registered in: England and Wales | No. OC328772 | Registered address: Merlin House No1 Langstone Business Park Newport, NP18 2HJ

Morfa Pingett

2 23/07/2019

Contents

1 Introduction .................................................................................................................................................... 3

2 Project Description ........................................................................................................................................ 4

3 Ecological Baseline Conditions ..................................................................................................................... 5

4 Ecological Mitigation Measures and Supporting Method Statements ........................................................... 9

5 Method Statement 1: Vegetation Clearance ............................................................................................... 13

6 Method Statement 2: Building Demolition ................................................................................................... 15

7 Method Statement 3: Protective Fencing and Buffer Zones ....................................................................... 16

8 Method Statement 4: Habitat Creation, Enhancement and Management .................................................. 17

9 Method Statement 5: Provision of Artificial Wildlife Features ..................................................................... 20

10 Implementation and Control ........................................................................................................................ 22

11 Action Plan .................................................................................................................................................. 24

12 References .................................................................................................................................................. 27

13 Appendix 1: Figures..................................................................................................................................... 28

14 Appendix 2: Relevant Legislation and Policy .............................................................................................. 29

Morfa Pingett

3 23/07/2019

1 Introduction

1.1 Richard Thomas and Co (Hydro) Ltd proposes to construct a 1.6 MW capacity solar farm and ancillary office and manager's accommodation at Morfa Pingett, Pinged, Carmarthenshire.

1.2 The ancillary office space and accommodation will be constructed on the existing footprint of a recently demolished timber-framed barracks, and will be one and a half storeys not exceeding 7 m in height. The building is proposed to be of sustainable oak timber construction.

1.3 The construction phase is anticipated to span 6 – 12 weeks. The operational life of the solar farm will be 35 years.

1.4 The Site is presented in Figure 1 in Appendix 1. The proposed development layout is presented in Figure 2 (based on Ikaros Solar drawing GA-100B dated 04 March 2019), and shows the distribution of the solar array, track infrastructure and location of the MV station within the Site. This layout has been prepared with consideration of ecological receptors identified in the Ecological Assessment (Aderyn Ecology, 2018). Accordingly, buffers have been provided alongside retained ecological receptors.

Scope of the Management Plan

1.5 The Management Plan describes the way in which the project will be controlled to safeguard ecological features and mitigate the adverse effects of the development during site preparation and construction. It also addresses, where appropriate, any beneficial measures that will be taken to enhance the nature conservation value of the site. In preparing the Management Plan consideration has been given to the requirements of BS42020 (2013).

Duration and Review of the Management Plan

1.6 This Management Plan document covers the period from receipt of planning consent to 10 years from completion of the development. It is considered that this period of time will allow for the establishment of habitat creation and enhancement measures.

1.7 The Management Plan is based on a rolling strategy to allow for periodic review and update. Thus as a minimum, after five years post construction it is proposed to review the Management Plan and address any major issues, objectives that are not being met or changes at the Site. The requirement for more frequent interim reviews would be dictated by the success / progress of management and the need for more regular alteration to management prescriptions in accordance with changing conditions of the Site.

1.8 The contents of this Management Plan may need to be amended and updated depending on the outcome of consultation with the Local Planning Authority (LPA) during the planning process. The Management Plan is therefore outline at this stage.

Morfa Pingett

4 23/07/2019

2 Project Description

Project overview

2.1 Development proposals for the Site include the erection of 152 pile driven solar array frames, supporting a total of 4256 photovoltaic panels (see Figure 2 in Appendix 1 based on Ikaros Solar drawing GA-100B). The panels will be connected by armoured underground cable to a substation adjacent to the Site entrance at the southern boundary. Connection to the grid will be via underground cable along the verge of the C2203 (immediately parallel to the southern boundary of the Site) to the connection point at the C2203 and A484 junction (a distance of approximately 140 m).

2.2 The development will also include the construction of ancillary office space and accommodation building within the footprint of a recently demolished Military of Defence (MoD) barracks in the southern part of the Site. The new building will be one and a half storeys (up to 7 m in height), and of timber construction.

2.3 The Site boundary is contained within a semi-improved neutral grassland field defined by a newly installed stock fence, and bounded by recently planted tree shelterbelts, scattered trees, defunct hedges (recently coppiced and replanted), and dry ditches. The land within the proprietorship of the applicant (defined by the blue line boundary in Figure 1) is approximately 8.5 ha in total extent, and is characterised by common reed Phragmites australis and sea club-rush Bolboschoenus maritimus beds, with scattered new tree planting and a network of ditches. The relative extents of the Site and wider proprietorship land are illustrated in Figure 1.

2.4 The design of the development will ensure that all off-Site hedgerows and waterbodies within the proprietorship land will be retained with a buffer of at least 5 m from photovoltaic panels. All scrub and trees present within the site boundary are to be removed. Panel rows will be spaced by 4.2 m, and panels set at 750 mm (minimum) to 2.2 m (maximum) above ground level. The buffer, area between panel rows and retained perimeter features, will allow continued use by wildlife that will be managed over the term of the Management Plan.

2.5 The following is the indicative construction phasing:

Pre-commencement habitat manipulation

Habitat creation

Installation of protective fencing

Site preparation

Construction phase (including installation of any outstanding wildlife features)

Operational phase

Morfa Pingett

5 23/07/2019

3 Ecological Baseline Conditions

3.1 Information to inform this HMP is based on surveys undertaken in 2018 and 2019 by Aderyn Ecology (Aderyn Ecology, 2018) and BSG Ecology respectively.

3.2 The 2019 survey undertaken by BSG Ecology aimed to:

Check for evidence of and potential for protected species to occur within the Site,

Identify any changes to the habitats and species present since the 2018 surveys.

3.3 A summary of the 2019 updated ecological data for the Site is provided below. Detailed baseline information is contained within the Aderyn Ecology (2018) report.

3.4 The descriptions below include supporting data obtained from the West Wales Biodiversity Information Centre (WWBIC)

1 relating to protected and other notable species within 2 km of the

Site.

Habitats

Semi improved grassland

3.5 The Site is characterised by semi-improved neutral grassland, which has been historically improved for agriculture, and contains common couch Elymus repens, perennial rye-grass Lolium perenne, meadow foxtail Alopecurus pratensis, Yorkshire fog Holcus lanatus, cock’s foot Dactylus glomerata, curled dock Rumex crispus, broad-leaved dock Rumex obtusifolius, common sorrel Rumex acetosa, dandelion Taraxacum agg. and creeping buttercup Ranunculus repens.

3.6 Cuckoo flower Cardamine pratensis, common vetch Vicia sativa, and ragged robin Lychnis flos-cuculi are present near a wet ditch in the southern part of the Site, beyond the development footprint. The field is enclosed by a stock-proof fence.

Woodland, trees and scrub

3.7 A hawthorn Crataegus monogyna dominated tree-line forms the southern boundary of the Site, which widens beyond the south-eastern corner of the site to form a small copse, supplemented by new tree planting. Species present include silver birch Betula pendula, willow Salix sp. rowan Sorbus aucuparia, and wych elm Ulmus glabra. A bramble Rubus fruticosus agg. and hawthorn dominated hedge continues north beyond the eastern boundary of the Site.

3.8 A small area of scrub and tall ruderal vegetation is present in the western part of the Site, surrounding an ivy-covered brick building remnant (described below). The scrub is dominated by bramble and grey willow Salix cinerea, with fringing rosebay willowherb Chamaenerion angustifolium, hogweed Heracleum sphondylium and common nettle Urtica dioica.

3.9 A small patch of hawthorn scrub is also present near the centre of the site, with nettle, bramble and ivy Hedera helix also present.

3.10 An area of scattered alder Alnus glutinosa, grey willow and hawthorn is present within a reed bed beyond the western boundary of the Site, within the proprietorship land. Occasional scattered hawthorn trees are also present immediately beyond the north-western corner of the Site, and a standing deadwood is present adjacent to the northern boundary.

1 Obtained on 13 June 2019.

Morfa Pingett

6 23/07/2019

Ponds, swamp and ditches

3.11 A stream is present within the proprietorship land, approximately 40 m north of the Site at its nearest point. The stream connects to the Gwendraith Fawr at a point approximately 470 m north of the Site, and continues east and south beyond the proprietorship land through a series of agriculturally improved fields and semi-natural marshy-grassland habitats.

3.12 A wet ditch is present along the southern boundary of the Site, west of the main site access, and connects to a reed bed beyond the western boundary of the Site. The reed bed is dominated by common reed, with occasional sea club-rush (becoming dominant in places), and screening alder, grey willow, and hawthorn. The land immediately west and north of the Site is characterised by common reed and sea club-rush dominated swamp.

3.13 A pond formed in a wider section of wet ditch (approximately 3.5 m in width and 70 m in length) is present within the Site to the east of the Site access, and contains aquatic and marginal plants, including lesser pond sedge Carex acutiformis, water mint Mentha aquatica, mare’s tail Hippuris vulgaris, and yellow iris Iris pseudacorus. The ditch continuing north, beyond the eastern boundary of the Site was dry at the time of survey, with no evidence of aquatic vegetation present.

3.14 A pond of approximate area 50 x 10 m, with shallow standing water (c.15 cm deep) is present in the northern part of the proprietorship land (approximately 80 m north of the Site. The pond perimeter is defined by a bund, and contains a sedge bed with occasional common reed and soft rush. Tall ruderal vegetation dominated by common nettle and scattered hawthorn scrub is present on the perimeter bund.

3.15 A small (c. 5 x 5 m) pond is also present in a wooded copse approximately 15 m south of the Site boundary, beyond the C2203. A larger pond (approximately 250 x 40 m in area) is present further south (approximately 180 m south of the Site). A pond is also present approximately 190 m west of the Site, beyond the A484.

Buildings

3.16 There are concrete footings of a recently demolished MoD barracks building in the southern part of the Site near the Site access. A brick chimney, approximately 6 m in height remains in place at the north-western extent of the former building footprint. Two cavities are present in the brickwork (at approximately 1.8 m height) that lead to the chimney interior.

3.17 A Stanton Shelter2 of concrete-slab construction is present approximately 15 m north-west of the

chimney. The building has a small escape hatch at its northern gable end which has been capped. Entrance into the building is through a close-fitting steel door on the southern gable.

3.18 Three standing brick walls with exposed steel joists are present in an area of scrub within the western part of the Site. The walls have been concrete rendered, with no significant gaps or crevices present.

Protected Species

Otter

3.19 An old otter Lutra lutra spraint was found on a bridge over a reen, approximately 40 m north of the Site during the 2019 survey visit. No evidence of otter was reported by Aderyn Ecology (2018). The ditches within and immediately adjacent to the Site are either too small to support otter for more than occasional use, or are dry for much of the year.

3.20 WWBIC provided nine records of otter within 2 km of the Site and within the last 10 years. The nearest records (dated January 2015) are approximately 300 m south of the Site at a small lake within the Lakelands Estate. Two records (dated May and November 2014) are from the Gwendraith Fawr, approximately 450 m north of the Site.

2 A World War II air raid shelter.

Morfa Pingett

7 23/07/2019

3.21 Water vole

3.22 No evidence of water vole Arvicola amphibious (burrows, feeding signs or latrines) was found during the 2019 survey. No evidence of presence was reported by Aderyn Ecology (2018). However, the stream to the north of the Site and reed beds immediately beyond the western and northern Site boundaries offer suitable habitat for water vole.

3.23 One record of water vole in the last 10 years was provided by WWBIC. The location of the record is in excess of 2 km south of the Site.

Bats

3.24 The hedgerows and tree lines at the boundaries of the Site may provide commuting and foraging resources for bats. The grassland within the site may also support a diverse invertebrate community and provide a foraging resource for bats.

3.25 The brick chimney is considered to have low potential to support roosting bats. The holes in the brickwork were inspected with use of a torch and endoscope during the survey visit in 2019. No evidence of use (animals present, droppings, staining or feeding remains) was found.

3.26 No evidence of bats was found in the outbuilding, and no features were found that would allow bats access to its interior. The derelict structure in the south-western part of the Site does not have any features considered suitable to support roosting bats.

3.27 Records for common pipistrelle (2 records), soprano pipistrelle (2 records), an unidentified bat in the genus Pipistrellus (1 record), Daubenton’s bat, and an unidentified bat in the genus Myotis (1 record) were provided within 2 km of the Site. The most notable of these records is a maternity roost of more than 30 soprano pipistrelle bats approximately 1.8 km distant from the Site.

Dormouse

3.28 The hedges and trees bounding the Site have limited connectivity to suitable dormouse Muscardinus avellanarius habitat in the wider area. Hedgerows and tree-lines within the Site and wider proprietorship land are gappy or defunct. The Site is also partially isolated to the south by a C-class road, to the west by the A484, and to the north and east by a network of wet ditches. Notwithstanding this, there is an anecdotal report (reported in Aderyn Ecology, 2018) of dormouse on the southern boundary of the Site.

3.29 WWBIC provided two records of dormouse in the last 10 years, both in 2012 and in excess of 2 km distant from the Site (to the south and south-east respectively).

Badger

3.30 No evidence of badger Meles meles, such as setts, runs, or latrines, was found during the 2019 survey. No evidence of presence was reported in Aderyn Ecology (2018). However, there is the potential for badger setts to be concealed in hedgerows and areas of scrub within the Site.

3.31 WWBIC provided two records of badger, both dated 2010 and approximately 1.1 km north-east of the Site.

Hedgehog

3.32 The hedgerows surrounding the Site have the potential to provide a foraging, commuting, nesting and hibernating resource for hedgehog Erinaceus europaeus.

3.33 WWBIC provided two records of hedgehog for the last 10 years, both in excess of 1.6 km distant from the Site.

Morfa Pingett

8 23/07/2019

Breeding birds

3.34 The hedgerows and trees surrounding the Site, and patches of scrub at the centre of the Site are likely to provide suitable nesting habitat for a range of common species of passerine. The reed beds are likely to support species such as reed bunting Emberiza schoeniclus, sedge warbler Acrocephalus schoenobaenus and grasshopper warbler Locustella naevia (all of which were recorded during the 2019 survey visit). The buildings on the Site may support a small number of nests of common and ubiquitous species such as wren Troglodytes troglodytes and robin Erithacus rubecula. Jackdaw Corvus monedula nest in the top of the chimney, and were present during the 2019 survey.

3.35 Cetti’s warbler Cettia cetti may also breed in close proximity to the Site. WWBIC provided seven records of Cetti’s warbler within 2 km of the Site. Anecdotal evidence (reported in Aderyn Ecology, 2018) indicates that barn owl Tyto alba roosted (and possibly bred) within the, now demolished, barracks building on Site. The grassland within the Site and the wider landscape may provide suitable foraging resource for barn owl; however, there are currently no on-Site roosting opportunities for this species. Data provided by WWBIC included a single record of barn owl at Pembrey, approximately 4 km south of the Site.

Amphibians and reptiles

3.36 No evidence of amphibians or reptiles was recorded during the 2019 survey. However, the Site includes suitable habitat for a range of species, including grass snake Natrix helvetica, common lizard Zootoca vivipara, common toad Bufo bufo and common frog Rana temporaria.

3.37 WWBIC provided records for common frog, common toad, slow worm, common lizard, and grass snake within 2 km of the Site. No records were returned from within the Site itself.

Morfa Pingett

9 23/07/2019

4 Ecological Mitigation Measures and Supporting Method Statements

4.1 The terms mitigation and compensation are defined in the guidelines for Ecological Impact Assessment (CIEEM, 2018) as follows:

Mitigation – Measures taken to avoid or reduce negative impacts. Measures may include: locating the development and its working areas and access routes away from areas of high ecological interest, fencing off sensitive areas during the construction period, or timing works to avoid sensitive periods

Compensation – Measures taken to make up for the loss of, or permanent damage to, ecological features despite mitigation. Any replacement area should be similar in terms of biological features and ecological functions that have been lost or damaged, or with appropriate management have the ability to reproduce the ecological functions and conditions of those biological features.

4.2 In the context of the development, both of these elements are considered necessary to ensure that there will be no adverse impact upon the conservation status of protected species populations, populations of Species of Principal Importance, or their supporting habitats. A summary of key legislation and policy relevant to the development is provided in Appendix 2.

4.3 Enhancement measures for biodiversity will be provided where possible.

Key principles for mitigation and compensation

4.4 Whilst some of the species considered in this section are listed as protected species the level of protection they receive varies. Bats and dormouse are European Protected Species and subject to higher levels of protection than common species of reptiles, which are primarily protected from killing or injury. Where offences apply equally to all species these are considered together as often the approach to mitigation is the same.

European protected species

Bats

4.5 The chimney within the footprint of the former MoD barracks has been assessed as having a low potential to support roosting bats (see Ecological Baseline Conditions). Two cavities in the brickwork were inspected for evidence of use by bats during the survey visit in 2019. The survey did not record any evidence of bat roost presence.

4.6 Bats can move between roosts from year to year and roost features can change in suitability between seasons. Bat roosts are protected by law, even when unoccupied, and it is important to confirm whether bats are roosting in a structure before it is demolished. A further check of the cavities in the chimney brickwork will be completed by a suitably experienced ecologist to determine current use by bats immediately prior to demolition. If a bat roost is confirmed to be present, then a European Protected Species Mitigation (EPSM) licence (obtained from Natural Resources Wales) will be required to permit demolition.

Otter

4.7 An otter spraint was found on a footbridge over a stream approximately 40 m north of the Site during a walkover survey in 2019. The footprint of the development does not include suitable foraging, resting or sheltering habitat for otter. However, given the close proximity of confirmed otter presence, and extent of suitable habitat in the wider landscape, it is considered that otter could commute across the Site on an occasional basis.

4.8 The use of protective fencing during construction (as outlined in Method Statement 3) and planting of screening vegetation prior to construction (as in Method Statement 4) will avoid the risk of

Morfa Pingett

10 23/07/2019

disturbance or killing / injuring of otter during construction. A licence to undertake the proposed development work is therefore not required.

Dormouse

4.9 The hedgerows adjacent to the southern and eastern boundaries of the Site include a limited diversity of berry and nut bearing species. In addition, the hedgerow at the southern Site boundary is defunct, and intersected by an existing access track from the C2203. The 2018 report (Aderyn Ecology, 2018) assessed the potential for presence of dormouse on the Site as being low, but noted an anecdotal record of an animal sighted in the hedge on the southern Site boundary.

4.10 WWBIC provided two records of dormouse in the last 10 years, both in 2012 and in excess of 2 km distant from the Site (to the south and south-east respectively). There are no records of dormouse to the north and west of the Site.

4.11 Minor widening of the existing Site access is likely to be required as part of the development. This will result in the removal of no more than 5 m of defunct hawthorn dominated hedgerow and will be undertaken in accordance with a method statement to prevent impacts on breeding birds (see Method Statement 1 in the following section). The working methods outlined in the method statement will also avoid impacts on dormouse. In the unlikely event that a dormouse nest is found during clearance works to widen the Site access, the clearance work will stop and will not re-commence until an EPSM licence is obtained from Natural Resources Wales.

Summary of proposed mitigation and compensation measures

4.12 The ecological mitigation measures listed in Table 1 are based on a summary of the key ‘baseline conditions’ and statutory requirements described in the previous sections, together with a summary of the proposed mitigation for the project. Table 1 should be read in conjunction with the Method Statements in Sections 5 – 9 of this document. Habitat mitigation and enhancement measures are illustrated in Figure 3 (based on Mackley Davies Associates Ltd: Mitigation Plan 10).

Table 1: Ecological Measures and Supporting Method Statements

Ecological feature

Impact on baseline conditions

Specific mitigation and / or compensation proposed

Development phase

Supporting Method Statement(s)

Perimeter hedgerows and trees

Risk of damage to structural integrity (and associated flora and fauna) in absence of mitigation

Maintain minimum buffer of 5 m of development footprint.

Planting of native trees to enhance structure.

Use of protective fencing.

Site preparation, construction and operation

1, 3, 4

Ponds and ditches

Risk of silting or pollution

Maintain minimum buffer of 5 m of development footprint.

Use of protective fencing.


3

Grassland Risk of destruction beyond the development footprint

Use of protective fencing. Sensitive management.


1, 3, 4

Morfa Pingett

11 23/07/2019

Ecological feature



Development phase


Breeding birds

Harm to nesting birds caused by vegetation clearance taking place during the nesting bird season.

Loss of foraging habitat for barn owl.

Maintain buffer zones around retained vegetation.

Demonstrate sensitivity to nesting bird constraint during site clearance.

Manipulation of habitat to deter ground nesting birds.

Provision of artificial bird nesting features.

Pre-commencement, site preparation and construction

1, 2, 3, 4, 5

Bats Loss of foraging habitat


Maintain and strengthen existing vegetation on Site boundaries.

Site preparation and construction

1, 3, 4

Destruction of a potential roost resource

Demolition of the chimney will result in the removal of potential roost opportunities for bats. Pre-demolition inspection will determine whether an EPSM licence is required.

Installation of bat boxes.

Pre-commencement, site preparation and construction

2, 5

Reptiles and amphibians

Incidental killing and injury and damage / destruction of habitats


Manipulation of habitat to deter reptiles.

Habitat creation and management.


1, 3, 4

Otter Disturbance of otter during site clearance and construction phases

Maintain buffer zones around commuting features.

Use of protective fencing to ensure stand-offs.

Site preparation, and construction

1, 3, 4

Badger Disturbance to badgers and their setts during site clearance and construction phases

No evidence for use of the Site by badger has been found during surveys in 2018 and 2019. A further check, conducted immediately prior to vegetation clearance will confirm absence of setts within the Site (or otherwise).

Site preparation 1, 3

Morfa Pingett

12 23/07/2019

Ecological feature



Development phase


Hedgehog Incidental killing and injury and damage / destruction of habitats

Maintain buffer zones around retained vegetation

Habitat creation and management


1, 3

4.13 The current scheme design does not include permanent lighting. Lighting will not be required during the active season for bats for the construction phase, and will be limited to narrow-window motion triggered security lighting at the substation (if night vision cameras are not used) during the operational phase. Should a wider operational phase lighting scheme for the Site be implemented within the duration of the Management Plan, this will be developed by a lighting specialist in conjunction with a suitably qualified and experienced ecologist (with reference to current good practice guidance and research; e.g. Stone, 2013) to ensure that light-sensitive species, such as bats, are not adversely affected.

4.14 The following Method Statements are set out in the subsequent sections:

Method Statement 1: Vegetation Clearance

Method Statement 2: Building Demolition

Method Statement 3: Protective Fencing and Buffer Zones

Method Statement 4: Habitat Creation, Enhancement and Management

Method Statement 5: Provision of Artificial Wildlife Features

Morfa Pingett

13 23/07/2019

5 Method Statement 1: Vegetation Clearance

Rationale and objective

5.1 Up to 5 m length of the southern hedgerow will be removed to allow access (with required visibility splays) from the C2203. Small, isolated areas of scrub and ruderal vegetation within the Site will be removed. All existing grassland within the footprint of the photovoltaic panel arrays, access tracks and working area will be cut.

5.2 All vegetation on Site, including grassland, hedge and tree roots also provides suitable habitat for reptiles and amphibians, which need to be considered during vegetation clearance.

5.3 Areas of scrub within the Site, and hedgerow and trees on the perimeter of the Site have the potential to support nesting birds. The grassland may support ground nesting birds such as meadow pipit Anthus pratensis and skylark Alauda arvensis. Species such as blackcap Sylvia atricapilla may also nest in margins of ruderal vegetation. All birds, including their occupied nests, are protected under the Wildlife and Countryside Act 1981 (as amended).

5.4 Otter use streams beyond the Site boundary, and may commute over the Site on an occasional basis. Dormouse may be present in hedgerows along the southern and eastern boundaries of the Site. The hedgerows and areas of scrub on Site and adjacent grassland may be used by hedgehog for foraging and resting. Badger may use the Site for foraging, and may create setts in areas of denser vegetation.

This Method Statement will be followed to avoid impacts upon reptiles, amphibians, nesting birds, otter, badger and hedgehog during site preparation and construction.

Equipment / machinery

5.5 Hand tools e.g. strimmer, hedge trimmer, brush cutter and chainsaw.

Timing

5.6 Clearance of above-ground woody vegetation should take place between November and February, inclusive, in order to avoid harm to nesting birds. If vegetation clearance cannot take place outside of the breeding bird season, the affected areas will be subject to a search for active nests by an Ecologist immediately before, and during removal (see Working method below).

5.7 Removal of roots and tree stumps should be undertaken between March and October inclusive to avoid potential impacts on hibernating reptiles, amphibians and small mammals.

5.8 Strimming of grassland within the development footprint should take place during the autumn to avoid impacts on breeding birds and hibernating reptiles. If strimming cannot be completed during the autumn, then the footprint of the proposed development will be subject to a search for active nests by an Ecologist immediately before, and during strimming (see Working method below).

Working method

5.9 The Principal Contractor will carefully mark any areas of vegetation identified for removal with appropriate means e.g. fencing and signage. Contractors must follow their method statements and risk assessments for vegetation clearance works.

5.10 Above-ground vegetation in the sections of hedgerow to be removed should be cut down to a height of no less than 150 mm above ground between November and February inclusive if possible, with the base and surrounding soils left undisturbed. This will reduce the likelihood of birds nesting in the vegetation but will avoid impacts on dormouse, reptiles, amphibians and

Morfa Pingett

14 23/07/2019

hedgehogs. Removal of roots and tree stumps must be appropriately timed (see above) and carried out under the guidance of the Ecologist.

5.11 All areas of grassland within the development footprint (within all working areas, and the footprint of proposed panels and access tracks) will be strimmed initially to 300 mm during the autumn (September and October), and then again to 150 mm after at least 24 hours from the initial cut. The sward will be kept at or below 150 mm in length until commencement of the development (at which point the remaining sward can be stripped).

5.12 These measures will ensure that the development footprint is kept unsuitable for hibernating reptiles and amphibians during the winter, and for ground-nesting birds during the breeding bird season.

5.13 If vegetation clearance cannot take place outside of the breeding bird season, the affected areas will be subject to a search for active nests by an ecologist immediately before, and during removal. If evidence of nesting birds is found, clearance works in the area (at least 2 m either side of the nest) will need to cease, and further checks will be required to determine when the birds have fledged their young, or the nest has failed. Note that in the unlikely event of a dormouse, or dormouse nest being found during vegetation management, all works affecting hedgerows and trees will need to stop. Works will not recommence until an EPSM licence is obtained from Natural Resources Wales.

5.14 If it becomes apparent that a badger sett is hidden within an area of vegetation to be cleared, then works in the vicinity of this would need to cease until an appropriately qualified ecologist has been consulted. A licence from Natural Resources Wales may be required if the sett is to be closed.

5.15 Timber, brash and woody debris arising from the vegetation clearance works will be retained and used to create habitat for amphibians and reptiles near the pond adjacent to the south-eastern corner of the Site (see Method Statement 4).

5.16 The Site will require minimal maintenance to prevent colonisation by amphibians and reptiles during development. It is not considered that additional exclusion measures, such as exclusion fencing or trapping procedures, will be necessary in this case. However, grassland should be kept short and not allowed to exceed 150 mm to avoid colonisation by amphibians and reptiles before being stripped.

5.17 Storing of loose building materials or waste, particularly near protective fences, will be avoided. Any open cable trenches will be provided with ramps (for example a scaffold plank, or sloped side to the excavation) to allow any trapped animals, such as reptiles and badger, to escape. These will be inspected by contractors for trapped animals each morning before commencement of works. Any animals found will be freed by contractors or translocated by an Ecologist as appropriate.

5.18 Any unworked areas will be routinely checked for evidence of exploratory badger digging, and if found to be occurring, advice should be taken from an appropriately qualified professional ecologist to employ appropriate deterrent measures to prevent badgers from excavating setts into such areas.

Measurement of outcome

5.19 No protected species to be harmed during the vegetation clearance works.

Morfa Pingett

15 23/07/2019

6 Method Statement 2: Building Demolition


6.1 The chimney within the footprint of the former MoD barracks has been assessed as having low potential to support roosting bats (see Section 3).

6.2 Bats can move between roosts from year to year and roost features can change in suitability between seasons. Bat roosts are protected by law, even when unoccupied, and it is important to confirm whether bats are roosting in a structure before it is demolished.

6.3 Jackdaw have been confirmed to nest at the top of the chimney.

This Method Statement will be followed to avoid impacts upon nesting birds and roosting bats during demolition works.


6.4 Appropriate machinery as determined by the Principal Contractor may be used following inspection of potential roost features by an Ecologist.

Timing

6.5 A further check of the cavities in the chimney brickwork will be completed by a suitably experienced ecologist to determine current use by bats immediately prior to demolition.

6.6 If the demolition work is to be undertaken during the breeding bird season, the building will be subject to a check for active nests by an ecologist immediately before, and during demolition.

Working method

6.7 The chimney will be inspected for the presence of roosting bats or nesting birds by an ecologist immediately prior to demolition.

6.8 If no evidence of roosting bats is found during inspection, then the demolition may proceed under the guidance of the ecologist. In the unlikely event that bats are found during the work (following absence of evidence of roosting during the pre-demolition check), then the works will cease and Natural Resources Wales will be consulted.

6.9 If an active bird’s nest is found during inspection, then the demolition works will be postponed until the nest has fallen out of use.


6.10 No roosting bats or breeding birds will be affected by the demolition works.

Morfa Pingett

16 23/07/2019

7 Method Statement 3: Protective Fencing and Buffer Zones


7.1 With the exception of localised vegetation removal for access widening, the grassland, perimeter hedgerows, trees, ditches and ponds beyond the perimeter of the development footprint will be retained and, therefore, require protection during site preparation and construction. A buffer of approximately 5 m from all hedgerows and ditches will be retained to provide a wildlife area (see Method Statement 4).

7.2 The wildlife area will be protected by using a robust barrier during site preparation and construction. This barrier will be temporary in nature, and will be removed once the Site is operational. Permanent fencing with gated access will be installed prior to Site sign-off to prevent public access to the Site during the operational phase. The location of the operational phase fencing is shown on Ikaros Solar drawing GA-100B.

7.3 Construction phase perimeter fencing will prevent incursion and disturbance to retained habitats; allow otter, badger, and hedgehog to move around the periphery of the Site; and retain an area to accommodate any reptiles and amphibians displaced from the footprint of the development during vegetation clearance.


7.4 Heras fencing (or similar temporary fencing) and signage.

Timing

7.5 Pre-commencement (i.e. before site preparation)

Working method

7.6 Fencing will be installed along the inside of boundaries of the Site and will aim to protect all sensitive ecological features (see above). Signage will be provided at periodic intervals to inform contractors of the purpose of the fencing.

7.7 The fencing should encompass the development area to exclude the wildlife area from construction activity.

7.8 The fencing will remain in place throughout the construction phase. It can be removed once the Site is operational.

7.9 The fence should be continuous to prevent access to the retained habitats, except for access required for habitat management work.


7.10 All protection fencing will be monitored by the Principal Contractor. A Site inspection report pro-forma will be prepared and filled in on a weekly basis, which will indicate the condition of the fences and their effectiveness, and highlight any remedial action required. Any damage to the retained habitats behind the protective fences or fence line itself will also be recorded for implementation of corrective action.

Morfa Pingett

17 23/07/2019

8 Method Statement 4: Habitat Creation, Enhancement and Management

Habitat creation and enhancement


8.1 An offset of approximately 5 m between boundary hedgerows and the development will be retained as a wildlife area to maintain habitat connectivity around the Site periphery, and provide enhanced opportunities for bats, amphibians, reptiles, badger, hedgehogs, birds and other wildlife. The extent of the wildlife area will be defined by the proprietorship land boundary and will be subject to low light levels for commuting and foraging bats. Enhancement measures within the wildlife area will include the following:

Creation of new areas of tree planting to provide visual screening and areas of increased suitability for amphibians, reptiles, hedgehogs and birds.

Strengthening of existing hedgerows with additional planting.

Creation of features suitable for hibernating and sheltering amphibians and reptiles.

Allowing the grassland to develop, with cuts appropriately timed to allow natural seeding.

Retention of reed bed habitats through active management of scrub encroachment.

Timing

8.2 Creation of features suitable for hibernating and sheltering amphibians and reptiles can be created at any time of year, preferably early autumn.

8.3 Tree planting within the wildlife area should be undertaken prior to the start of construction.

8.4 Specific seasonal constraints for habitat creation include:

Tree / hedge planting: November to February (avoiding frosty conditions).

Creation of amphibian and reptile hibernacula: Any time of year, preferably before winter.

Hay cutting of grassland: late summer/ early autumn.

Cutting back scrub in reed beds: autumn and winter.


8.5 To minimise damage to the wildlife area and other retained habitats, the use of hand tools should be prioritised and the use of tracked or wheeled machinery within the wildlife area is not permitted.

Working method

Fencing

8.6 To undertake the following activities in most locations it will be necessary to obtain access through the protective fencing. This will be acceptable for habitat creation activities only, and it may be necessary to delineate areas in which habitat creation takes place.

Tree planting

8.7 Tree planting will be undertaken within the wildlife area and within the retained hedgerows to enhance their structure. A variety of native species that are typical of the local area will be planted. These will contribute to local botanical diversity and provide shelter and foraging habitat for invertebrates, reptiles, amphibians and hedgehog and, in the long-term, will provide nesting and foraging habitat for birds, and light screening and foraging habitat for bats.

Morfa Pingett

18 23/07/2019

8.8 The species selected and methods for planting and monitoring are provided in the Landscape and Visual Impact Appraisal (Mackley Davies Associates Ltd., 2019). Each plant will be protected with a rabbit guard and will be staked, and weed growth supressed by installing a mulch mat or equivalent.

Amphibian and reptile hibernaculum

8.9 An amphibian / reptile hibernaculum will be created within the wildlife area. This should be located within 10 m of the pond adjacent to the south-east corner of the Site. The hibernacula will provide frost protected cavities and crevices for sheltering and hibernating amphibians and reptiles as well as basking spots for reptiles.

8.10 The construction of the hibernaculum will take place as follows:

The working area will be set out and a small excavator will be used to create a crescent-shaped depression with dimensions of no less than 5m x 2m. The turf layer will be kept and set aside.

Woody material derived from on-Site scrub clearance, as well as clean brick and concrete rubble will be placed into the depression to a height of no less than 1 m high from the base of the depression. Soil will be placed over this material.

Gaps will be retained / created throughout to provide entrance points for hibernating and sheltering amphibians, reptiles, invertebrates and small mammals.

Excavated turf will be placed on top of the hibernaculum.

Habitat management and monitoring


8.11 In order to maintain or develop the ecological value of the retained and created habitats, they will require on-going management throughout construction and for 10 years following the end of construction.

8.12 Periodic monitoring will be carried out to assess the success of the habitat creation and long-term management of the various habitats. Monitoring will take place in years 1, 3, 5 and 10. The monitoring will inform any adjustments to the management prescriptions set out below.

Trees and shrubs

8.13 For five years after planting any dead, diseased or damaged plants should be replaced and repairs or replacement of damaged or missing tree guards, tree supports and mulch mats undertaken.

8.14 The enhanced perimeter hedgerows will be allowed to grow on to 3 m in height and managed by cutting 30-50% every 2 to 3 years. All hedgerow and tree management will take place between November and February inclusive to avoid impacts on breeding birds and small mammals, and provide maximum opportunity for wildlife to feed on berries.

Grassland

8.15 Approximately 50% of the grassland habitat within the wildlife area should be strimmed or grazed every year from late July/early August. If strimmed, cuttings should be raked into piles on the boundaries of the wildlife area to provide habitat piles for reptiles and invertebrates. The grassland should be cut no lower than 10 cm in height, and can be completed using machinery.

Ponds and ditches

8.16 Vegetation on the banks of the pond adjacent to the south-eastern corner of the Site, and ditches along the eastern and southern boundaries should be cut every two years during late summer /

Morfa Pingett

19 23/07/2019

early autumn. The coverage of aquatic vegetation in the pond will be monitored in years 1, 3, 5 and 10 to ensure that no choking or infestation by non-native species has occurred.

8.17 No strimming of bank-side vegetation along the stream to the north of the Site will take place to avoid disturbance to otter.

Reed beds

8.18 Scrub encroachment into the reed beds will be cut back every 2 to 3 years. Approximately 50 % of established trees within the reed beds will be pruned on a 2 to 3-year rotation to avoid over-shading. This will take place between November and February inclusive to avoid impacts on breeding birds and small mammals

Amphibian and reptile hibernacula

8.19 Between June and August in years 1, 3, 5 and 10 post-construction the amphibian and reptile hibernacula will be checked to ensure that they are unobstructed and free from waterlogging or interference. The hibernacula will be repaired or repositioned as necessary. Repair of the hibernacula will be the responsibility of the Principal Contractor during construction and the chosen management company during operation.


8.20 The habitat creation and enhancement measures outlined above will be signed off by an Ecologist upon completion of planting or installation, with success determined by future monitoring. The Ecologist must be satisfied that each measure is suitable for the purpose for which it was designed.

8.21 The Principal Contractor will be responsible for implementing any corrective action during the construction period. During the operational phase of the development the implementation of corrective action will be the responsibility of the company charged with undertaking habitat management works. The nature of the corrective action will be determined in consultation with an Ecologist.

8.22 If installed correctly, the habitat creation, enhancement and management measures outlined above will result in a net gain in biodiversity within the Site.

Morfa Pingett

20 23/07/2019

9 Method Statement 5: Provision of Artificial Wildlife Features

Rationale

9.1 The standing chimney within the Site is to be demolished as part of the proposals. Whilst no evidence to indicate its use by bats was found during the survey work, demolition of the chimney will result in a loss of a potential roost feature. A compensatory roost will be provided in order to ensure that the availability of roosting opportunities for the local bat population is maintained.

9.2 The removal of small areas of scrub and some buildings will result in a loss of nesting habitat for breeding birds. The Site currently provides opportunities for nesting birds within retained perimeter hedgerows and trees. However, there is opportunity for enhancement through installing a range of bird boxes within the new building and on retained trees, to provide new nesting opportunities for Environment (Wales) Act “Section 7” birds of principal importance for biodiversity, such as house sparrow Passer domesticus, and Tree sparrow Passer montanus.

9.3 The installation of features for amphibians and reptiles is outlined in Method Statement 4.

Equipment / materials

Two Schwegler 1SP (or equivalent) nest terraces for house sparrow

Ten Schwegler 1B (or equivalent) bird boxes.

One Barn Owl Trust approved barn owl box.

Three woodcrete type, long-life bat boxes (Schwegler 2F or equivalent).

Timing

9.4 Installation of bat boxes should be completed prior to demolition of the chimney. The house sparrow terraces will be incorporated into the fabric of the new building, and bird boxes will be placed on retained trees within the proprietorship area. These will be installed during the construction phase.

Working method

9.5 All bird and bat boxes should only be erected where safe to do so, and in such a way (using appropriate fixings) as to ensure no possibility of slippage or fall and to allow any future maintenance, inspection or replacement by the future management company to be conducted safely. The future management company should also consider monitoring and maintenance of each of the boxes during their life-span to ensure there is no deterioration in the fixings used or the product itself, such that their placement may become unsafe.

9.6 All species of bat are fully protected under the Conservation of Habitats and Species Regulations (2017) and the Wildlife and Countryside Act 1981 (as amended), making it an offence to intentionally or recklessly disturb these animals. Once installed, the bat boxes should only be accessed by a suitably licenced individual.

Bird boxes

9.7 The Schwegler 1SP house sparrow terraces will be incorporated into the fabric of the new building.

9.8 The Schwegler 1B bird boxes will be installed on retained trees within the proprietorship land.

9.9 The barn owl box will be installed on a suitable tree in the south-eastern corner of the proprietorship land.

Morfa Pingett

21 23/07/2019

9.10 All bird features will be positioned such that there is a clear flight path from the entrance towards open space. The house sparrow terraces and the barn owl box will be located a minimum of 3 m above ground level and bird boxes 1.5-2 m above ground level; all on a variety of aspects (excluding south west facing).

Bat boxes

9.11 One bat box will be installed on the Stanton Shelter escape hatch, and two on retained mature trees within the proprietorship land.

9.12 The bat boxes will be positioned such that there is a clear flight path from the entrance. They will be located a minimum of 3 m above ground level on a variety of aspects.

9.13 None of the installed bat boxes will be directly illuminated and they will be located within dark areas.


Bird boxes

9.14 The Principal Contractor will be responsible for ensuring that the bird features are installed correctly, and will carry out an inspection post-installation to confirm that this is the case. Bird boxes will not be subject to post-construction monitoring.

Bat roost

9.15 The Principal Contractor is responsible for ensuring bat boxes are installed correctly, and will carry out an inspection post-installation to confirm that this is the case.

9.16 Any bat boxes that are damaged or broken will be reported to the Principal Contractor who will be responsible for arranging their removal and replacement.

.

Morfa Pingett

22 23/07/2019

10 Implementation and Control

10.1 The Ecologist will be the central point of contact for all ecological issues, liaising as appropriate with the Principal Contractor

3 and statutory consultees in order to ensure that the ecology

mitigation, compensation and enhancement is delivered. Roles and responsibilities of key personnel are set out below (in relation to ecological matters):

Principal Contractor

10.2 Responsible for:

Compliance with legal consents relating to nature conservation.

Compliance with planning conditions relating to nature conservation.

Managing and co-ordinating the environmental aspects of the scheme, including the Management Plan.

Providing support to the Ecologist.

Ecologist / Ecological Clerk of Works

The Principal Contractor / habitat management company will be responsible for appointing an independent (of the management company), appropriately qualified professional ecologist during the site preparation and construction phases of the development. The ecologist should be a member of the Chartered Institute of Ecology and Environmental Management (Full or Chartered Ecologist). The habitat management company will be responsible for appointing the Ecologist during the operational phase of the development.

10.3 Responsible for:

Monitoring compliance with the Management Plan.

Ensuring the implementation of environmentally sensitive working practices.

Site inductions that include ecological considerations.

Liaison with consultees on ecological matters.

Liaison and incident reporting to the Principal Contractor / Management Company.

Site inspections, monitoring and reporting.

10.4 The Ecologist will be present at the start of works to ensure the delivery of the works in accordance with the Method Statements, and towards the completion of works in order to certify the quality of the work. It will be necessary for the Ecologist to be present at other times in the interim period, although this will be defined by the complexity of the task and the potential for disturbance to existing sensitive features. Once the Ecologist is satisfied with the outcome of each item it will be considered as a completed action.

Competence, training and awareness

10.5 All personnel working for or on behalf of the habitat management company should have the appropriate awareness, training and competence to meet the requirements of the Management Plan.

10.6 The primary objectives of training are to ensure that:

Personnel are fully aware of the potential ecological impact of their work and associated ecological issues.

3 As identified in the Construction (Design and Management) Regulations 2015.

Morfa Pingett

23 23/07/2019

Individually and collectively, personnel are committed to the provision of a sound ecological performance.

Activities of personnel do not open the habitat management company up to criticism or legal/financial liability.

Effective communication in respect of ecological issues exists within the corporate body.

Reporting and meetings with stakeholders

10.7 In order to keep the Management Plan updated and relevant to site operations, a review will be carried out:

Annually during the construction phase;

In years 1, 3, 5 and 10 post-construction.

10.8 At the end of each review year a summary report will be produced by the habitat management company with guidance from a suitably qualified professional ecologist. This will be an opportunity to report on the status of features of nature conservation value, informed by the ongoing habitat management activities and monitoring events. Allied with this, the annual reviews will also enable a process of fine-tuning, allowing for the alteration or addition of new management projects to the work programme for subsequent years. The report will only cover actions taken under the Management Plan that calendar year.

Morfa Pingett

24 23/07/2019

11 Action Plan

E = Ecologist, PC = Principal Contractor, OC = other contractor/consultant

Mitigation Responsibility Timing constraints Pre-commencement

Site preparation

Construction Post-construction

Method Statement 1: Vegetation Clearance

Toolbox Talk E Prior to any demolition of chimney and vegetation clearance ●

Vegetation for removal identified PC

● ●

Above-ground hedgerow vegetation cut to a height of no less than 150 mm above ground level.

PC, OC November to February

●

Removal of hedge and tree roots and stumps

PC, OC April to September

●

Method Statement 2: Building Demolition

Pre-demolition inspection E, PC, OC

● ●

Demolition of chimney E, PC, OC Immediately following pre-demolition inspection undertaken by Ecologist ● ●

Method Statement 3: Protective Fencing and Buffer Zones

Heras fencing (with signage) to be installed around development area

OC ●

Monitoring of fence condition PC Throughout the construction period ●

Morfa Pingett

25 23/07/2019

Method Statement 4: Habitat Creation, Enhancement and Management

Habitat creation


Site preparation


Tree and hedge planting OC November to February (avoiding frosty conditions) Must be completed within 2 years of the start of construction.

● ●

Creation of amphibian / reptile hibernacula OC, E Creation: autumn. ●

Habitat management

Trees and hedgerow PC/OC Hedges to be allowed to grow on to 3 m

in height and managed by cutting 30-50% every 2 to 3 years.

● ●

Grassland PC/OC Mow or strim 50% every two years in

late July/early August.

● ●

Ponds and ditches PC/OC Cut every two years in late

summer/early autumn.

● ●

Reedbeds PC/OC Scrub encroachment to be cut back

every 2 years.

Amphibian and reptile hibernacula E, PC/OC June-August. Check that access and egress points are unobstructed and free from water logging.

● ● ● ●

Habitat monitoring

Trees and shrubs E, PC/OC Specimens will be checked and any dead or diseased will be replaced in years 1-5 post construction.

● ●

Sign off habitat creation works E ● ●

Monitoring of habitats and management activities

E Years 1, 3, 5 and 10 post-construction ● ●

Method Statement 5: Provision of Artificial Wildlife Features

Features to be ordered in advance of construction

PC ● ●

Installation of bird boxes on trees PC/OC, E ●

Installation of bird features into buildings PC/OC, E ●

Installation of bat boxes on the Stanton shelter and retained trees

PC/OC, E ● ●

Morfa Pingett

26 23/07/2019


Site preparation


Monitoring of bat roost E April to August In years 2 and 5 post construction

●

Implementation and Control of Management Plan

Management Plan review and report E At varying intervals until the end of the Management Plan period

● ●

Morfa Pingett

27 23/07/2019

12 References

Aderyn Ecology (2018) Extended Phase 1 Ecology Survey Report. For a Solar Farm at Morfa Pingett, Pembrey, Carmarthenshire. Report to Richard Thomas and Co (Hydro) Ltd.

BSG Ecology (2019) Morfa Pingett Solar Farm Report to Inform Habitats Regulations Assessment (HRA). Report to Richard Thomas and Co (Hydro) Ltd.

CIEEM (2018) Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial, Freshwater, Coastal and Marine. Chartered Institute of Ecology and Environmental Management, Winchester.

Mackley Davies Associates Ltd (2019) Landscape and Visual Impact Appraisal Proposed solar farm at Morfa Pingett, near Kidwelly Carmarthenshire. Report to Richard Thomas and Co (Hydro) Ltd.

Stone, E.L. (2013) Bats and lighting: Overview of current evidence and mitigation guidance. University of Bristol, UK

Morfa Pingett

28 23/07/2019

13 Appendix 1: Figures

(overleaf)

DATE: 15/07/2019

Source : Esri, Dig italGlobe , Ge oEye , Earth star Ge og raph ics, CNES/Airbus DS, USDA, USGS, Ae roGRID, IGN, and th e GISUse r Com m unityC:

\Users\kwatkinson\Documents\workingfiles\roost.bsg-ecology.com\141 Morfa Pingett\HMP Figure 1 Site location.mxd

P ROJECT TITLEMORFA P INGETT SOLAR FARMHABITAT MANAGEMENT P LAN

DRAWING TITLEFig ure 1: Site and land owne rsh ip boundary

DRAWN: KW AP P ROVED: OGCHECKED: GL

VERSION:SCALE:

JOB REF:P 19-141

1.01:2,000

Copyrig h t © BSG Ecolog y

No dim e nsions are to be scale d from th is drawing .All dim e nsions are to be ch e cke d on site .Area m e asure m e nts for indicative purpose s only.

Th is drawing m ay contain: Ordnance Surve y m ate rial by pe rm ission of Ordnance Surve y on be h alfof th e Controlle r of He r Maje sty’s Statione ry Office © Crown Copyrig h t 2019. All rig h ts re se rve d.Re fe re nce num be r: OS Ope n data © Crown copyrig h t and database rig h t 2019 | Ae rial P h otog raph y © EsriSource s:BSG Ecolog y surve y data

100489800 200m

¯

OFFICE:T:01633 509 000

Ne wport

LEGEND

Site boundary

Owne rsh ip boundary

DATE: 15/07/2019


\Users\kwatkinson\Documents\workingfiles\roost.bsg-ecology.com\141 Morfa Pingett\HMP Figure 1 Site layout.mxd


DRAWING TITLEFig ure 2: P ropose d de ve lopm e nt layout


VERSION:SCALE:

JOB REF:P 19-141

1.01:800




100489800 80m

¯

OFFICE:T:01633 509 000

Ne wport

LEGEND

Site boundary

DATE: 14/08/2019


\Users\kwatkinson\Documents\workingfiles\roost.bsg-ecology.com\141 Morfa Pignett\HRA Figure 3 Landscape measures.mxd


DRAWING TITLEFig ure 3: P ropose d landscape m e asure s


VERSION:SCALE:

JOB REF:P 19-141

1.31:1,250




Fig ure re cre ate d from Mitig ation P lan 10 produce d by Mackle y David Associate s Ltd.

100489800 100m

¯

OFFICE:T:01633 509 000

Ne wport

LEGEND

Site boundary

5. North boundary hedgeRe m nant h e dg e line . Coppice d and g appe d up in 2017. Continue m anag e m e nt to e nsuree stablish m e nt. Conside r introducing fe ath e re dtre e g roups. Allow to g row on to 3 m h e ig h t.

6. North boundaryEnsure re te ntion of re e d be ds as use ful scre e n and valuable h abitat.

$

7. East boundary hedgeOutside owne rsh ip. Alre ady provide sa g ood scre e n. Ne w h e dg e plante d2018. Continue m anag e m e nt andallow to g row up to 3 m h e ig h t,

$

8. South east cornerRe tain scrub g rowth and allow to g row on.

$

9. South east cornerP lant up g ap with tre eand sh rub spe cie s.

$

10. MV StationP lant up to providescre e ning from road.

1. South boundary hedgeRe tain occasional tall h e dg e tre e s.Re store h istoric frontag e boundary with am ix of h e dg e spe cie s and sm all tre e s ininform al g roups. Nurse ry stock size d toprovide im m e diate im pact. Allow to g row up to 3 m h e ig h t.

$

4.. West boundary hedgeRe m nant h e dg e line . Gap up h istoricboundary with m ix of h e dg e spe cie sand sm all tre e s in inform al g roups.Allow to g row on to 3 m h e ig h t.

2. West boundaryManag e m osaic of scrub andre e d for scre e ning andbiodive rsity.

$

3. West boundaryEnsure re te ntion of re e dbe ds as use ful scre e n and valuable h abitat.

2. West boundary including hedgeManag e m osaic of scruband re e dbe d for scre e ningand biodive rsity.

11. Retain existing trees and hedgesManag e to e nsure th e y provide a use ful scre e n.12. Recent plantingContinue to m anag e ne w planting to e nsure e stablish m e nt.

13. LightingMinim ise to re duce lig h t pollution in a rural are a.14. CCTVLocate to m inim ise visual im pact wh ile m aintaining functionality.

$

$

$

$

Morfa Pingett

29 23/07/2019

14 Appendix 2: Relevant Legislation and Policy

Planning Policy Wales 10

14.1 PPW 10 seeks to sustain and create places in which…

the role which landscapes, the historic environment, habitats and biodiversity, the characteristics of coastal, rural or urban environments play in contributing to Distinctive and Natural places are identified, understood, valued, protected and enhanced;

further fragmentation of habitats is avoided, wherever possible, and green networks, corridors and connecting habitat within developed areas is protected, and enhanced;

sites designated for their landscape or nature conservation importance are fully considered and their special characteristics and features protected and enhanced, whilst the network of sites should be recognised as being at the heart of improving the resilience of ecosystems;

14.2 Paragraph 6.4.4 states that

“It is important that biodiversity and resilience considerations are taken into account at an early stage in both development plan preparation and when proposing or considering development proposals. [……] All reasonable steps must be taken to maintain and enhance biodiversity and promote the resilience of ecosystems and these should be balanced with the wider economic and social needs of business and local communities. Where adverse effects on the environment cannot be avoided or mitigated, it will be necessary to refuse planning permission.”

14.3 Paragraph 6.4.5 states that

“Planning authorities must seek to maintain and enhance biodiversity in the exercise of their functions. This means development should not cause any significant loss of habitats or populations of species, locally or nationally and must provide a net benefit for biodiversity. In doing so planning authorities must also take account of and promote the resilience of ecosystems…”

TAN 5 Nature Conservation and Planning (Wales only)

14.4 Technical Advice Note (TAN) 5 supplements Planning Policy Wales and provides advice about how the land use planning system in Wales ‘should contribute to protecting and enhancing biodiversity and geological conservation.’

14.5 The TAN provides guidance to local planning authorities on: ‘the key principles of positive planning for nature conservation; nature conservation and Local Development Plans; nature conservation in development management procedures; development affecting protected internationally and nationally designated sites and habitats; and, development affecting protected and priority habitats and species.’

14.6 In section 2.4 when deciding planning applications that may affect nature conservation, ‘local authorities should:

contribute to the protection and improvement of the environment…seeking to avoid irreversible

harmful effects on the natural environment;

ensure that appropriate weight is attached to designated sites of international, national and

local importance;

protect wildlife and natural features in the wider environment, with appropriate weight attached

to priority habitats and species in Biodiversity Action Plans;

ensure that all material considerations are taken into account and decisions are informed by

adequate information about the potential effects of a development on nature conservation;

Morfa Pingett

30 23/07/2019

ensure that the range and population of protected species is sustained;

adopt a stepwise approach to avoid harm to nature conservation, minimise unavoidable harm

by mitigation measures, offset residual harm by compensation measures and look for new

opportunities to enhance nature conservation; where there may be significant harmful effects

local planning authorities will need to be satisfied that any reasonable alternative sites that

would result in less or no harm have been fully considered.’

14.7 At section 3.3.2 regarding Local Development Plans policies the guidance states that a policy should be included in respect of the application of the precautionary principle.

14.8 Section 4 includes specific and detailed guidance, expanding on the principles set out in 2.4, in respect of the development control process including pre-application discussions, preparing planning applications, requests for further information and ecology in respect of Environmental Impact Assessment (EIA). The broad principles of development control requirements are set out as follows:

‘adopting the five-point approach to decision-making – information, avoidance, mitigation,

compensation and new benefits;

ensuring that planning applications are submitted with adequate information, using early

negotiation, checklists, requiring ecological surveys and appropriate consultation;

securing necessary measures to protect, enhance, mitigate and compensate through planning

conditions and obligation;

carrying out effective panning enforcement; and

identifying ways to build nature conservation into the design of new development.’

Environment (Wales) Act 2016

14.9 The Environment (Wales) Act 2016 passed into law in March 2016. Part 1 of the Act sets out Wales' approach to planning and managing natural resources at a national and local level with a general purpose linked to statutory 'principles of sustainable management of natural resources' defined within the Act.

14.10 Section 6 of the Act places a duty on public authorities to ‘seek to maintain and enhance biodiversity’ so far as it is consistent with the proper exercise of those functions. In so doing, public authorities must also seek to ‘promote the resilience of ecosystems’. The duty replaces the section 40 duty in the Natural Environment and Rural Communities Act 2006 in relation to Wales, and applies to those authorities that fell within the previous duty.

14.11 Public authorities will be required to report on the actions they are taking to improve biodiversity and promote ecosystem resilience. This is expanded on in sub-section (2):

14.12 In complying with subsection (1), a public authority must take account of the resilience of ecosystems, in particular the following aspects—

diversity between and within ecosystems;

the connections between and within ecosystems;

the scale of ecosystems;

the condition of ecosystems (including their structure and functioning);

the adaptability of ecosystems.

Morfa Pingett

31 23/07/2019

14.13 Section 7 concerns biodiversity lists and the duty to take steps to maintain and enhance biodiversity. It replaces the duty in section 42 of the NERC Act 2006. The Welsh Ministers will publish, review and revise lists of living organisms and types of habitat in Wales, which they consider are of key significance to sustain and improve biodiversity in relation to Wales.

14.14 The Welsh Ministers must also take all reasonable steps to maintain and enhance the living organisms and types of habitat included in any list published under this section, and encourage others to take such steps.

European protected species (Animals)

14.15 The Conservation of Habitats and Species Regulations 2017 (as amended) consolidates various amendments that have been made to the original (1994) Regulations which transposed the EC Habitats Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (Council Directive 92/43/EEC) into national law.

14.16 “European protected species” (EPS) of animal are those which are shown on Schedule 2 of the Conservation of Habitats and Species Regulations 2017 (as amended). They are subject to the provisions of Regulation 43 of those Regulations. All EPS are also protected under the Wildlife and Countryside Act 1981 (as amended). Taken together, these pieces of legislation make it an offence to:

a. Intentionally or deliberately capture, injure or kill any wild animal included amongst these species

b. Possess or control any live or dead specimens or any part of, or anything derived from a these species

c. deliberately disturb wild animals of any such species

d. deliberately take or destroy the eggs of such an animal, or

e. intentionally, deliberately or recklessly damage or destroy a breeding site or resting place of such an animal, or obstruct access to such a place

14.17 For the purposes of paragraph (c), disturbance of animals includes in particular any disturbance which is likely—

a. to impair their ability—

i. to survive, to breed or reproduce, or to rear or nurture their young, or

ii. in the case of animals of a hibernating or migratory species, to hibernate or migrate; or

b. to affect significantly the local distribution or abundance of the species to which they belong.

14.18 Although the law provides strict protection to these species, it also allows this protection to be set aside (derogated) through the issuing of licences. The licences in Wales are currently determined by Natural Resources Wales. In accordance with the requirements of the Regulations (2017, as amended), a licence can only be issued where the following requirements are satisfied:

a. The proposal is necessary ‘to preserve 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’

b. ‘There is no satisfactory alternative’

c. The proposals ‘will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.

Definition of breeding sites and resting places

14.19 Guidance for all European Protected Species of animal, including bats and great crested newt, regarding the definition of breeding and of breeding and resting places is provided by The European Council (EC) which has prepared specific guidance in respect of the interpretation of

Morfa Pingett

32 23/07/2019

various Articles of the EC Habitats Directive.4 Section II.3.4.b) provides definitions and examples of

both breeding and resting places at paragraphs 57 and 59 respectively. This guidance states that ‘The provision in Article 12(1)(d) [of the EC Habitats Directive] should therefore be understood as aiming to safeguard the ecological functionality of breeding sites and resting places.’ Further the guidance states: ‘It thus follows from Article 12(1)(d) that such breeding sites and resting places also need to be protected when they are not being used, but where there is a reasonably high probability that the species concerned will return to these sites and places. If for example a certain cave is used every year by a number of bats for hibernation (because the species has the habit of returning to the same winter roost every year), the functionality of this cave as a hibernating site should be protected in summer as well so that the bats can re-use it in winter. On the other hand, if a certain cave is used only occasionally for breeding or resting purposes, it is very likely that the site does not qualify as a breeding site or resting place.’

Competent authorities

14.20 Under Regulation 7 of the Conservation of Habitats and Species Regulations 2017 (as amended) a “competent authority” includes “any Minister of the Crown…, government department, statutory undertaker, public body of any description or person holding a public office.

14.21 In accordance with Regulation 9, “a competent authority must exercise their functions which are relevant to nature conservation, including marine conservation, so as to secure compliance with the requirements of the [Habitats and Birds] Directives. This means for instance that when considering development proposals a competent authority should consider whether EPS or European Protected Sites are to be affected by those works and, if so, must show that they have given consideration as to whether derogation requirements can be met.

Birds

14.22 All nesting birds are protected under Section 1 of the Wildlife and Countryside Act 1981 (as amended) which makes it an offence to intentionally kill, injure or take any wild bird or take, damage or destroy its nest whilst in use or being built, or take or destroy its eggs. In addition to this, for some rarer species (listed on Schedule 1 of the Act), it is an offence to disturb them whilst they are nest building or at or near a nest with eggs or young, or to disturb the dependent young of such a bird.

14.23 The Conservation of Habitats and Species Regulations 2017 (as amended) places duties on competent authorities (including Local Authorities and National Park Authorities) in relation to wild bird habitat. These provisions relate back to Articles 1, 2 and 3 of the EC Directive on the conservation of wild birds (2009/147/EC, ‘Birds Directive’

5) (Regulation 10 (3)) requires that the

objective is the ‘preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in the United Kingdom, including by means of the upkeep, management and creation of such habitat, as appropriate, having regard to the requirements of Article 2 of the new Wild Birds Directive…’ Regulation 10 (7) states: ‘In considering which measures may be appropriate for the purpose of security or contributing to the objective in [Regulation 10 (3)] Paragraph 3, appropriate account must be taken of economic and recreational requirements’.

14.24 In relation to the duties placed on competent authorities under the 2017 Regulations, Regulation 10 (8) states: ’So far as lies within their powers, a competent authority in exercising any function [including in relation to town and country planning] in or in relation to the United Kingdom must use all reasonable endeavours to avoid any pollution or deterioration of habitats of wild birds (except habitats beyond the outer limits of the area to which the new Wild Birds Directive applies).’

Reptiles

14.25 All native reptile species receive legal protection in Great Britain under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended). Viviparous lizard, slow-worm, grass snake and adder are

4 Guidance document on the strict protection of animal species of Community interest under the Habitats Directive 92/43/EEC.

(February 2007), EC. 5 2009/147/EC Birds Directive (30 November 2009. European Parliament and the Council of the European Union.

Morfa Pingett

33 23/07/2019

protected against killing, injuring and unlicensed trade only. All native species of reptile are included as ‘species of principal importance’ for the purpose of conserving biodiversity under Section 7 of the Environment (Wales) Act 2016.

Badger

14.26 Badger is protected under the Protection of Badgers Act 1992. It is not permitted to wilfully kill, injure, take, possess or cruelly ill-treat a badger, or to attempt to do so; or to intentionally or recklessly interfere with a sett. Sett interference includes disturbing badgers whilst they are occupying a sett, as well as damaging or destroying a sett or obstructing access to it. A badger sett is defined in the legislation as “a structure or place, which displays signs indicating current use by a badger”.

14.27 ODPM Circular 06/20056 provides further guidance on statutory obligations towards badger within

the planning system. Of particular note is paragraph 124, which states that “The likelihood of disturbing a badger sett, or adversely affecting badgers’ foraging territory, or links between them, or significantly increasing the likelihood of road or rail casualties amongst badger populations, are capable of being material considerations in planning decisions.”

14.28 Natural England provides Standing Advice7, which is capable of being a material consideration in

planning decisions (there is no Welsh equivalent). Natural England recommends mitigation to avoid impacts on badger setts, which includes maintaining or creating new foraging areas and maintaining or creating access (commuting routes) between setts and foraging/watering areas.

Wild mammals in general

14.29 The Wild Mammals (Protection) Act 1996 (as amended) makes provision for the protection of wild mammals from certain cruel acts, making it an offence for any person to intentionally cause suffering to any wild mammal. In the context of development sites, for example, this may apply to rabbits in their burrows.

6 ODPM Circular 06/2005. Government Circular: Biodiversity and Geological Conservation – Statutory Obligations and their Impacts

within the Planning System (2005). HMSO Norwich. 7 http://www.naturalengland.org.uk/ourwork/planningdevelopment/spatialplanning/standingadvice/specieslinks.aspx