Biodiversity and Nature Conservation SPD
 Annexes
  June 2022

Contents

ANNEX 1 UK legislation and international conventions. 4

UK legislation. 4

International Conventions for biodiversity. 7

ANNEX 2: City Plan policies supported by this SPD.. 8

ANNEX 3: Priority habitats and species in Brighton and Hove. 9

Table 3.1 Priority species. 9

Table 3.2 Additional locally important species requiring conservation action not listed as Priority species. 19

Table 3.3 Priority habitats present in Brighton and Hove. 20

Table 3.4 Additional habitats & features which are locally important not listed as Priority habitats. 21

ANNEX 4: Protected species and ecological survey seasons. 22

ANNEX 5: Biodiversity Checklist. 24

Householder Applications Biodiversity Checklist. 25

Full and Outline Applications Biodiversity Checklist. 27

ANNEX 6: Biodiversity on Development sites: A hazard prevention checklist during construction and operation. 31

ANNEX 7: Notes on habitat creation and enhancement. 33

Table 7.1 General principles on habitat creation. 33

Table 7.2 Native plants of local provenance and other plants suitable for landscaping schemes in Brighton and Hove. 34

Table 7.2.1 Ornamental plants of wildlife value. 38

Table 7.2.2 Terrestrial Species to avoid in landscaping schemes. 40

Table 7.3 General principles on planting trees, woodland, hedgerows and scrub. 41

Table 7.4 Native trees and shrubs suitable for planting in Brighton and Hove. 42

Table 7.5 General principles on creating flower-rich grassland. 43

Table 7.6 Aquatic plant species suitable for planting in Brighton and Hove. 44

Table 7.6.1 Invasive aquatic plant species. 44

Table 7.7 Coastal vegetated shingle. 45

ANNEX 8: Building with Nature – Helping create better places for people and wildlife. 46

 

 

 

 


 

ANNEX 1 UK legislation and international conventions

UK legislation

 

Conservation of Habitats and Species Regulations 2017 (as amended)

 

Local Planning Authorities have the duty, by virtue of being defined as ‘competent authorities’ under the Habitats Regulations, to ensure that planning application decisions comply with the Habitats Regulations.  If the requirements of the Habitats Regulations are not met and impacts (direct and indirect) on Habitats Sites are not avoided or mitigated, then development must not be permitted.

 

The aim of the Habitats Regulations Assessment process is to maintain or restore, at favourable conservation status, natural habitats and species of wild fauna and flora of the National Network of sites. Regulations 9 (1) and 9 (5) of Conservation of Habitats & Species Regulations 2017 (as amended) state that nothing in these Regulations is to be construed as excluding the application of the provisions of Part 1 of the Wildlife & Countryside Act 1981 (wildlife) in relation to animals or plants also protected under Part 3, 4 or 5 of these Regulations.

 

The Regulations establish the process for identifying, designating and conserving Special Areas of Conservation (SACs) such as Castle Hill SAC, north of Woodingdean. Detailed guidance for development proposals which may affect SACs is provided in Part 1 of ODPM Circular 06/2005

 

Where a Habitats site could be affected by a plan, such as a Local Plan, or any project, such as a new development, then Habitats Regulations Assessment screening must be undertaken.  If this cannot rule out any possible likely significant effect on a Habitats site, either alone or in combination with other plans & projects, prior to the consideration of mitigation measures, then an Appropriate Assessment must then be undertaken.  The Appropriate Assessment identifies the interest features of the site (such as birds, plants or coastal habitats), how these could be harmed, assesses whether the proposed plan or project could have an adverse effect on the integrity of the Habitats site (either alone or in-combination), and finally how this could be mitigated to meet the Stage 2 Habitats Regulations Assessment “integrity” test. Natural England must be formally consulted on all Appropriate Assessments and no decision issued until their comments have been considered.

 

Where species are of international importance (listed in the Habitats Regulations as European Protected Species), they have additional protection. For any development which could impact on European Protected Species e.g. demolition of a structure or works which cut into a roof where bats could be roosting, the Local Planning Authority requires certainty of likely impacts & that mitigation can be secured either by a condition of any consent or a mitigation licence from Natural England, before making a decision.

Wildlife and Countryside Act 1981 (as amended)

 

The Wildlife and Countryside Act 1981 includes Schedules of protected animals (1 & 5) and plants (Schedule 8) and invasive species (Schedule 9). Annex 1 of this SPD includes the species listed in Schedules 1, 5 and 8 of the Wildlife & Countryside Act which could occur on development sites in Brighton and Hove.

 

The following offences are of relevance to development control:

·         Subject to exceptions, it is a criminal offence to intentionally kill, injure, or take any wild bird or their eggs or nests. Special penalties are available for offences related to birds listed on Schedule 1, for which there are additional offences of intentionally or recklessly disturbing these birds at their nests, or their dependent young.

·         Subject to exceptions, it is a criminal offence to intentionally or recklessly kill, injure, or take, possess, or trade in any wild animal listed in Schedule 5. The Act also prohibits interference with places used by them for shelter or protection and intentional or reckless disturbance to animals occupying such places.

·         Subject to exceptions, to pick, uproot, or possess (for the purposes of trade) any wild plant listed in Schedule 8. The Act also prohibits the unauthorised intentional uprooting of such plants.

 

The Act also contains measures for preventing the establishment of non-native species which may be detrimental to native wildlife, including prohibition of the release of animals and the introduction of a plant to the wild or to otherwise cause it to grow or spread the plants listed in Schedule 9.

 

A species of particular concern in the Brighton and Hove context is Japanese Knotweed (Fallopia japonica / Polygonum cuspidatum). Applicants will be expected to demonstrate that they have taken all reasonable steps and exercised all due diligence to ensure Schedule 9 species are not permitted to grow as part of the implementation of planning permission and are not included in landscaping schemes e.g. cotoneaster species (Cotoneaster spp). Planning conditions and obligations can be used to ensure adequate measures are taken.

Natural Environment and Rural Communities Act 2006

 

Section 40 of the Natural Environments and Rural Communities (NERC) Act Part 1 (as amended by the Environment Act, 2021) requires all public bodies including Local Planning Authorities, in exercising its functions, to have regard, as far as is consistent with the proper exercise of those functions, to the purpose of conserving and enhancing biodiversity.

The Environment Act strengthens this general biodiversity duty to include enhancement in addition to conservation. The amendment will require public authorities to actively carry out strategic assessments of the actions they can take to conserve and enhance biodiversity. Designated public authorities will also be required to produce a five-yearly report on the actions taken to comply with the new duty.

Environment Act 2021

The Environment Act sets out to deliver long-term targets to improve air quality, biodiversity, water, and waste reduction and resource efficiency and includes a target to halt the decline of nature by 2030 in line with PART 6 Nature and biodiversity.

 

Mandatory biodiversity net gain is set out in the Schedule 14 of the Act through the provision for biodiversity gain to be a condition of planning permission in England by amending the Town & Country Planning Act (TCPA) and will  become law in 2023. The Act sets out the following key components to mandatory BNG:

 

·         Minimum 10% gain required calculated using Biodiversity Metric & approval of net gain plan

·         Habitat secured for at least 30 years via obligations/ conservation covenant

·         Habitat can be delivered on-site, off-site or via statutory biodiversity credits

·         There will be a national register for net gain delivery sites

·         The mitigation hierarchy still applies of avoidance, mitigation and compensation for biodiversity loss

·         Will apply to Nationally Significant Infrastructure Projects (NSIPs)

·         Does not apply to marine development

·         Does not change existing legal environmental and wildlife protections

 

Part 6 Nature and Biodiversity Clause 102 strengthens the NERC biodiversity duty by adding the word ‘enhance’.  Clause 103 requires a public authority to publish biodiversity reports. 

 

The Act also introduces a new system of spatial plans aiming to boost biodiversity and protect valuable habitats. Local Nature Recovery Strategies (LNRSs) are spatial strategies for nature, and will cover the whole of England. ‘Responsible Authorities’ will be appointed by the government and will be responsible for mapping the most valuable existing habitat for nature, mapping specific proposals for creating or improving habitat, and agree priorities for nature’s recovery.

Countryside and Rights of Way Act 2000 (CRoW)

 

Amongst other things, the CRoW Act strengthens the protection afforded to Sites of Special Scientific Interest, including greater powers for Natural England to be able to secure their appropriate management and a requirement for Local Authorities to further their conservation and enhancement under Schedule 9.  There are two SSSIs in Brighton and Hove; Castle Hill (also a SAC) and Brighton to Newhaven Cliffs. Schedule 12 of the Act strengthens the legal protection for threatened species. This includes making certain offences 'arrestable', and creating an offence of reckless disturbance.

Town and Country Planning (Tree Preservation) (England) Regulations 2012

These regulations set out the procedures for making Tree Preservation Orders (TPOs) and the activities that are prohibited in relation to trees protected by these orders. Tree Preservation Orders can be made for trees or groups of trees because of their nature conservation value, as well as for their amenity value. 

Protection of Badgers Act 1992

 

The Act makes it an offence to interfere with a badger sett, whether by obstructing the entrance, destroying the sett or in any way disturbing the occupant. The 1992 Act defines a badger sett as: “any structure or place which displays signs indicating current use by a badger”. The onus is on the defendant to prove they were not attempting to kill, injure or take the badger, rather than on the police to prove that they were.

Crime & Disorder Act 1998

Section 17 of the Act states the duty for local authorities to consider crime and disorder implications when exercising its various functions with due regard to the likely effect and the need to do all that it reasonably can to prevent crime & disorder in its area.

Land Drainage Act 1991

Section 23 consent is a legal requirement for any works which will affect the flow of water or cross-sectional area of an ordinary watercourse i.e. not main river. This includes proposed culverting or piping of water and discharge of water into an ordinary watercourse.

 

International Conventions for biodiversity

 

Bonn Convention

 

The Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention or CMS) was adopted in Bonn, Germany in 1979 and came into force in 1983. As a signatory since 1985, the UK Government works with others to conserve migratory species and their habitats by providing strict protection for endangered migratory species.

 

The legal requirement for the strict protection of Appendix I species is provided by the Wildlife & Countryside Act (1981 as amended). In addition, the Countryside and Rights of Way Act 2000 (CRoW) enacted in England and Wales, strengthens the protection of certain species by increasing penalties and enforcement powers; and strengthened the protection of sites from damage caused by third parties.

Bern Convention

 

The Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention) was adopted in Bern, Switzerland in 1979, and came into force in 1982. As the UK Government a signatory, this is a binding international legal instrument for nature conservation. 

 

The principal aims of this Convention are to ensure conservation and protection of wild plant and animal species and their natural habitats (listed in Appendices I and II of the Convention), to increase co-operation between contracting parties, and to regulate the exploitation of migratory species listed in Appendix III. To this end the Convention imposes legal obligations on contracting parties, protecting over 500 wild plant species and more than 1,000 wild animal species.

Ramsar Convention

 

The Convention on Wetlands of International Importance especially as Waterfowl Habitat ('Ramsar Convention' or 'Wetlands Convention') was adopted in Ramsar, Iran in February 1971 and came into force in December 1975. It provides the only international mechanism for protecting sites of global importance and is thus of key conservation significance.

 


ANNEX 2: City Plan policies supported by this SPD

 

The policies from the City Plan Part 1 and Part 2 that include an aim to conserve and enhance biodiversity are set out below.  Full wording of these policies is available on the Council website. 

 

Brighton & Hove City Plan Part 1

SS1 Presumption in Favour of Sustainable Development

DA1 Brighton Centre and Churchill Square Area

DA2 Brighton Marina, Gas Works and Black Rock Area

DA3 Lewes Road

DA4 New England Quarter and London Road Area

DA5 Eastern Road and Edward Street

DA6 Hove Station Area

DA7 Toad’s Hole Valley

SA1 The Seafront

SA3 Valley Gardens

SA4 Urban Fringe

SA6 Sustainable Neighbourhoods

SA5 The Setting of the South Downs National Park

CP8 Sustainable Buildings

CP10 Biodiversity

CP11 Flood Risk

CP12 Urban Design

CP13 Public Streets and Spaces

 

Brighton & Hove City Plan Part 2

DM18 High Quality Design and Places

DM22 Landscape Design and Trees

DM32 The Royal Pavilion Estate

DM37 Green Infrastructure and Nature Conservation

DM38 Local Green Spaces

DM40 Protection of the Environment and Health – Pollution and Nuisance

DM42 Protecting the Water Environment

DM43 Sustainable Drainage

SA7 Benfield Valley

SSA1 Brighton General Hospital Site, Elm Grove, Freshfield Road

SSA2 Combined Engineering Depot, New England Road

SSA3 Land at Lyon Close, Hove

SSA4 Sackville Trading Estate and Coal Yard

SSA5 Madeira Terrace and Madeira Drive

SSA6 Former Peter Pan leisure site (adjacent Yellow Wave), Madeira Drive

SSA7 Land Adjacent to American Express Community Stadium, Village Way

H2 Housing Sites – Urban Fringe

 

 

 


 

ANNEX 3: Priority habitats and species in Brighton and Hove

The tables in this Annex list Priority habitats and species which are known to occur in Brighton and Hove. It can be used as a useful resource to help assess the biodiversity value of a development site and whether any habitats or species are likely to be present and therefore may be affected by a development proposal.

‘NERCSection 41’ refers to Section41 of the Act 2006. This Sectionof the Natural Environments and Rural Communities Act requires the Secretary of State to publish a list of the living organisms and types of habitat which in the Secretary of State's opinion are of principal importance for the purpose of conserving biodiversity in England. The species and habitats with a ‘Y’ in this column are included in those lists.

Tables 3.1 and 3.2 relate to species and Tables 3.3 and 3.4 list habitats, including several urban habitat types which may     not have specific recognition by the national list of Priority habitats as listed in Section 41 of the Natural Environment & Rural Communities Act (2006). Some have particular value in the context of Brighton and Hove and should therefore be considered for retention wherever possible.

 

The tables should not be regarded as comprehensive for the purposes of development control. For example, a variety of biodiversity features can occur, such as particularly large, old trees, which are not listed below but may support bats so should     nevertheless be conserved where possibleas part of development proposals and surveyed if likely to be affected.

 

Table 3.1 Priority species

English name

Latin name

Legal / policy protection

NERC

Section    41

Sussex    BAP

Brighton & Hove BAP

Adder

Vipera berus

W&C Act Schedule 5 Killing & injuring S.9(1) (part); sale S.9(5)

Y

 

Y

Adonis Blue butterfly

Lysandra bellargus

W&C Act Schedule 5 (Sale only S.9(5))

Y

 

 

Aquatic Warbler

Acrocephalus paludicola

Red List Bird Global post 2001 Vulnerable status

Y

 

 

Balearic Shearwater

Puffinus mauretanicus

Red List Bird Global post 2001 Critically Endangered, Red list Bird of conservation concern

Y

 

 

Basil Thyme

Clinopodium acinos

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Vulnerable

Y

 

 

Bats – all species

Vespertilionidae and

Rhinolophidae

W&C Act Schedule 5, (full protection) Habitats Regs Sch. 2; Barbastelle & Bechstein’s Appendix II Bern and Bonn Conventions

Soprano Pipistrelle, Brown Long-eared,

Barbastelle, Bechstein’s & Lesser horseshoe.

Pipistrelle

Y

Beaded Chestnut (moth)

Agrochola lychnidis

For national research purposes only

Y

 

 

Bewick’s Swan

Cygnus columbianus bewickii

W&C Act Schedule 1; Amber list Bird of conservation concern

Y

 

 

Bittern

Botaurus stellaris

W&C Act Schedule 1; Amber list Bird of conservation concern, Notable Bird

Y

 

 

Black-headed Mason Wasp

Odynerus melanocephalus

Notable A

Y

 

 

Blood-vein (moth)

Timandra comae

For national research purposes only

Y

 

 

Bordered Gothic

Sideridis reticulata

 

Y

 

 

Bottle-nosed Dolphin

Tursiops truncatus

 

Y

 

 

Brindled Beauty

Lycia hirtaria

For national research purposes only

Y

 

 

Broom Moth

Ceramica pisi

For national research purposes only

Y

 

 

Brown-banded Carder-bee

Bombus humilis

Sussex Rare

Y

 

Y

Brown Galingale

Cyperus fuscus

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Vulnerable, Nationally Rare

Y

 

 

Brown Hairstreak

Thecla betulae

W&C Act Schedule 5 (Sale only S.9(5); Red List GB post 2001 Vulnerable, Sussex Rare

Y

 

 

Brown Hare

Lepus europaeus

 

Y

Y

 

Brown-spot Pinion (moth)

Agrochola litura

For national research purposes only

Y

 

 

Buff Ermine

Spilosoma lutea

For national research purposes only

Y

 

 

Bullfinch

Pyrrhula pyrrhula

Amber list Bird of conservation concern, Notable Bird

Y

 

 

Burnt Orchid

Neotinea ustulata

Red List GB post 2001 Endangered, Red List ENG post 2001 Endangered, Nationally Scarce, Sussex Rare

Y

 

 

Centre-barred Sallow

Atethmia centrago

For national research purposes only

Y

 

 

Chalk Carpet

Scotopteryx bipunctaria

 

Y

 

 

Chalk-hill Lance-wing

Epermenia insecurella

 

Y

 

 

Chalk Planthopper

Eurysanoides douglasi

Notable A, Sussex Rare

Y

 

 

Chamomile

Chamaemelum nobile

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Vulnerable, Sussex Rare

Y

 

 

Cinnabar

Tyria jacobaeae

For national research purposes only

Y

 

 

Cirl Bunting

Emberiza cirlus

Red list Bird of conservation concern, Notable Bird

Y

 

 

Cod

Gadus morhua

 Brighton Marina

Y

 

 

Common Lizard

Lacerta vivipara

WCA Sch5 s9.1/s9.1 kill/s9.5a

Y

 

 

Common Porpoise

Phocoena phocoena

Habs Regs Sch2, W&C Act Sch5 s9.4a/s9.5a; Sussex Rare

Y

 

 

Common Reed Bunting

Emberiza schoeniclus

Amber list Bird of conservation concern, Notable Bird

Y

 

 

Common Redpoll

Acanthis flammea

Amber list Bird of conservation concern

Y

 

 

Common Sandpiper

Actitis hypoleucos

Amber list Bird of conservation concern, Notable Bird

Y

 

 

Common Seal

Phoca vitulina

 

Y

 

 

Common Scoter

Melanitta nigra

Red list Bird of conservation concern

Y

 

 

Common Toad

Bufo bufo

W&C Act Schedule 5 sale S.9(5)a

Y

 

 

Corn Bunting

Miliaria calandra

Red list Bird of conservation concern, Notable Bird

Y

 

 

Corn Buttercup

 

Ranunculus arvensis

Red List GB post 2001 Critically Endangered, Red List ENG post 2001 Endangered, Sussex Rare

Y

 

 

Corn Cleavers

Galium tricornutum

Red List GB post 2001 Critically Endangered, Red List ENG post 2001 Critically Endangered, Nationally Rare, Sussex Rare

Y

 

 

Corn Flower

Centaurea cyanus

Sussex Rare

Y

 

 

Crescent (moth)

Helotropha leucostigma

Sussex Rare

Y

 

 

Crested Cow-wheat

Melampyrum cristatum

Red List GB post 2001 Endangered, Red List ENG post 2001 Endangered, Nationally Rare

Y

 

 

Cuckoo

Cuculus canorus

Red list Bird of conservation concern, Notable Bird

Y

 

 

Curlew

Numenius arquata

Red List Global post 2001 Near Threatened, Red List Bird of conservation concern, Notable Bird

Y

 

 

Dark-barred Twin-spot Carpet

Xanthorhoe ferrugata

For national research purposes only

Y

 

 

Dark Crimson Underwing

Catocala sponsa

Red List GB Pre94 Rare

Y

 

 

Deep-brown Dart

Aporophyla lutulenta

For national research purposes only

Y

 

 

Deptford Pink

Dianthus armeria

Red List GB post 2001 Endangered, Red List ENG post 2001 Endangered, Nationally Scarce, Sussex Rare

Y

 

 

Dingy Skipper

Erynnis tages

Red List GB post 2001 Vulnerable

Y

 

Y

Divided Sedge

Carex divisa

Red List GB post 2001 Vulnerable, Nationally Scarce, Sussex Rare

Y

 

 

Dot Moth

Melanchra persicariae

For national research purposes only

Y

 

 

Dunnock

Prunella modularis

Amber list Bird of conservation concern, Notable Bird

Y

 

 

Dusky Dart (moth)

Euxoa tritici

 

Y

 

 

Dusky-lemon Sallow

Cirrhia gilvago

Sussex Rare

Y

 

 

Dusky Thorn (moth)

Ennomos fuscantaria

For national research purposes only

Y

 

 

Dusty Brocade

Apamea remissa

For national research purposes only

Y

 

 

Ear Moth

Amphipoea oculea

For national research purposes only

Y

 

 

Early Gentian

Gentianella anglica

Sussex Rare

Y

 

 

European Eel

Anguilla anguilla

Red List Global post 2001 Critically Endangered

Y

 

 

Eyebright

Euphrasia pseudokerneri

Red List GB post 2001 Endangered, Red List ENG post 2001 Vulnerable, Nationally Scarce, Sussex Rare

Y

 

 

 Feathered Gothic

Tholera decimalis

For national research purposes only

Y

 

 

Field Fleawort

Tephroseris integrifolia subsp. integrifolia

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Vulnerable, Nationally Scarce, Sussex Rare

Y

 

 

Field Gentian

Gentianella campestris

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Endangered, Sussex Rare

Y

 

 

Floating Water-plantain

Luronium natans

Red List ENG post 2001 Near Threatened, Nationally Scarce

Y

 

 

Fly Orchid

Ophrys insectifera

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Vulnerable

Y

 

 

Forester (moth)

Adscita statices

Sussex Rare

Y

 

 

Four-spotted

Tyta luctuosa

Red List GB Pre94 Vulnerable

Y

 

 

Frog orchid

Coeloglossum viride

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Vulnerable

Y

 

 

Galium Carpet (moth)

Epirrhoe galiata

For national research purposes only

Y

 

 

Garden Dart (moth)

Euxoa nigricans

For national research purposes only

Y

 

 

Garden Tiger (moth)

Arctia caja

For national research purposes only

Y

 

 

Ghost Moth

Hepialus humuli

For national research purposes only

Y

 

 

Grape Hyacinth

Muscari neglectum

Nationally Rare

Y

 

 

Grasshopper Warbler

Locustella naevia

Red List Bird of conservation concern, Notable Bird

Y

 

 

Grass Rivulet

Perizoma albulata albulata

Sussex Rare

Y

 

 

Grass Snake

Natrix natrix

W&C Act Schedule 5 Killing & injuring S.9(1) (part); sale S.9(5)a

Y

Y

 

Grayling (butterfly)

Hipparchia semele

Red List GB post 2001 Vulnerable, Sussex Rare

Y

 

 

Great Crested Newt

Triturus cristatus

W&C Act Schedule 5 (full protection), Habitats Regs S.2

Y

Y

 

Green-brindled Chestnut (moth)

Allophyes oxyacanthae

For national research purposes only

Y

 

 

Grey Dagger (moth)

Acronicta psi

For national research purposes only

Y

 

 

Grey-headed Wagtail

Motacilla flava thunbergi

Red list Bird of conservation concern, Notable Bird

Y

 

 

Grey Partridge

Perdix perdix

Red list Bird of conservation concern, Notable Bird

Y

 

 

Grizzled Skipper

Pyrgus malvae

Red List GB post 2001 Vulnerable

Y

 

 

Harvest Mouse

Micromys minutus

Red List GB post 2001 Near Threatened

Y

 

 

Hawfinch

Coccothraustes coccothraustes

Red list Bird of conservation concern, Notable Bird

Y

 

 

Hazel Dormouse

Muscardinus avellanarius

Habs Regs Sch2, W&C Act Sch5 s9.4b/s9.4c /s9.5a; Red List GB post 2001 Vulnerable

Y

 

Y

Hedgehog

Erinaceus europaeus

Red List GB post 2001 Vulnerable

Y

 

 

Hedge Rustic

Tholera cespitis

 

Y

 

 

Hen Harrier

Circus cyaneus

W&C Act Schedule 1; Red list Bird of conservation concern, Notable Bird

Y

 

 

Herring Gull

Larus argentatus argentatus

Red list Bird of conservation concern, Notable Bird

Y

 

Y

Hornet Robberfly

Asilus crabroniformis

Notable, Sussex Rare

Y

 

Y

House Sparrow

Passer domesticus

Red list Bird of conservation concern; Notable Bird

Y

 

 

Juniper

Juniperus communis

Red List Endangered post 2001 Near Threatened, Sussex Rare

Y

 

 

Knot Grass (moth)

Acronicta rumicis

For national research purposes only

Y

 

 

Lackey

Malacosoma neustria

 

Y

 

 

Lapwing

Vanellus vanellus

Red list Bird of conservation concern; Notable Bird

Y

 

 

Large Wainscot

Rhizedra lutosa

 

Y

 

 

Latticed Heath

Chiasmia clathrata

 

Y

 

 

Lesser Redpoll

Acanthis cabaret

Red list Bird of conservation concern, Notable Bird

Y

 

 

Lesser Spotted Woodpecker

Dryobates minor

Red list Bird of conservation concern, Notable Bird

Y

 

 

Linnet

Carduelis cannabina

Red list Bird of conservation concern, Notable Bird

Y

 

 

Long-finned Pilot Whale

Globicephala melas

Red List Global post2001 Data Deficient:

Habs Regs Sch2, W&C Act Sch5 s9.1/s9.1 kill/s9.1 take/s9.4a/s9.4b/s9.4c/s9.5a;

Y

 

 

Mackerel

Scomber scombrus

 

Y

 

 

Marsh Tit

Poecile palustris

Red list Bird of conservation concern, Notable Bird

Y

 

 

Marsh Warbler

Acrocephalus palustris

W&C Act Schedule 1; Red List Bird of conservation concern, Notable Bird

Y

 

 

Minor Shoulder-knot

Brachylomia viminalis

For national research purposes only

Y

 

 

Moss Carder-bee

Bombus muscorum

 

Y

 

 

Mouse Moth

Amphipyra tragopoginis

For national research purposes only

Y

 

 

Mottled Rustic

Caradrina morpheus

For national research purposes only

Y

 

 

Mullein Wave

Scopula marginepunctata

For national research purposes only

Y

 

 

Musk Orchid

Herminium monorchis

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Endangered, Nationally Scarce, Sussex Rare

Y

 

 

Narrow-leaved Helleborine

Cephalanthera longifolia

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Endangered, Nationally Scarce, Sussex Rare

Y

 

 

Nightjar

Caprimulgus europaeus

Amber list Bird of conservation concern, Notable Bird

Y

 

 

Oak Hook-tip

Watsonalla binaria

For national research purposes only

Y

 

 

Oblique Carpet

Orthonama vittata

Sussex Rare

Y

 

 

Pennyroyal

Mentha pulegium

W&C Act Schedule 8; Red List GB post 2001 Endangered, Red List ENG post 2001 Critically Endangered, Nationally Scarce, Sussex Rare

Y

 

 

Phantom Hoverfly

Doros profuges

 

Y

 

 

Pheasant’s-eye

Adonis annua

Red List GB post 2001 Endangered, Red List England post 2001 Endangered, Nationally Scarce, Sussex Rare

Y

 

Y (Arable Plants)

Plaice

 Pleuronectes  platessa

 Brighton Marina Outer Harbour

Y

 

 

Pretty Chalk Carpet

 Melanthia procellata

For national research purposes only

Y

 

 

Prickly Salt-wort

 Salsola kali subsp. kali

Red List GB post 2001 Vulnerable, Sussex Rare

Y

 

 

Powdered Quaker

Orthosia gracilis

For national research purposes only

Y

 

 

Red Hemp-nettle

 Galeopsis angustifolia

Red List GB post 2001 Critically Endangered, Red List ENG post 2001 Critically Endangered, Nationally Scarce, Sussex Rare

Y

 

 

Red-shanked Carder-bee

Bombus ruderarius

 

Y

 

 

Red Star-thistle

Centaurea calcitrapa

 Red List GB post 2001 Endangered, Red List ENG post 2001 Endangered, Nat Rare, Sussex Rare

Y

 

Y

Rest Harrow (moth)

Aplasta ononaria

  Red List GB Pre94 Rare, Sussex Rare

Y

 

 

Ring Ouzel

Turdus torquatus

Red list Bird of conservation concern

Y

 

 

Rock-Rose

Helianthemum oelandicum subsp. levigatum

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Vulnerable, Nationally Rare

Y

 

 

Roseate Tern

Sterna dougallii

Amber list Bird of conservation concern, Notable Bird

Y

 

 

 Rosy Minor

Litoligia literosa

For national research purposes only

Y

 

 

Rosy Rustic

Hydraecia micacea

For national research purposes only

Y

 

 

Rugged Oil-beetle

Meloe rugosus

Nationally Scarce

Y

 

 

 Rustic (moth)

Hoplodrina blanda

For national research purposes only

Y

 

 

Sallow (moth)

Cirrhia icteritia

For national research purposes only

Y

 

 

Scaup

Aythya marila

Red list Bird of conservation concern

Y

 

 

Sea Barley

Hordeum marinum

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Vulnerable, Nationally Scarce, Sussex Rare

Y

 

 

September Thorn

  Ennomos erosaria

For national research purposes only

Y

 

 

Shaded Broad-bar

Scotopteryx chenopodiata

For national research purposes only

Y

 

 

Shepherd's Needle

Scandix pecten-veneris

Red List GB post 2001 Critically Endangered, Red List ENG post 2001 Endangered, Sussex Rare

Y

 

Y (Arable Plants)

Short-snouted Seahorse

Hippocampus hippocampus

 W&C Act S9, CITES, Red List Global post 2001   Data Deficient. Feature of Conservation Importance for which Beachy Head Marine Conservation Zone is designated.

Y

 

Y

Shoulder-striped Wainscot

Leucania comma

 For national research purposes only

Y

 

 

Skylark

Alauda arvensis

 Red list Bird of conservation concern, Notable Bird

Y

Y

 

Slender Bedstraw

Galium pumilum

Red List GB post 2001 Data Deficient, Red List GB post 2001 Endangered, Nationally Rare,

Y

 

 

Slow Worm

Anguis fragilis

W&C Act Schedule 5 Killing & injuring S.9(1) (part); sale S.9(5)

Y

Y

 

Small Blue

Cupido minimus

W&C Act Sch 5 sale S 9 (5)a; List GB post 2001 Near Threatened

Y

 

 

Small Emerald

Hemistola chrysoprasaria

For national research purposes only

Y

 

 

Small Heath

Coenonympha pamphilus

Red List GB post 2001 Near Threatened

Y

 

 

Small Phoenix

Ecliptopera silaceata

For national research purposes only

Y

 

 

Small Square-spot

Diarsia rubi

For national research purposes only

Y

 

 

Song Thrush

Turdus philomelos

Red list Bird of conservation concern, Notable Bird

Y

Y

 

Spinach (moth)

Eulithis mellinata

For national research purposes only

Y

 

 

Sprawler (moth)

Asteroscopus sphinx

For national research purposes only

Y

 

 

Spreading Hedge-parsley

Torilis arvensis

Red List ENG post 2001 Endangered, Nationally Scarce, Sussex Rare

Y

 

Y (Arable Plants)

Spotted Flycatcher

Muscicapa striata

Red list Bird of conservation concern, Notable Bird

Y

 

 

Stag Beetle

Lucanus cervus

W&C Act Sch 5 sale s9 (5)a; Nationally Scarce, Notable B, Sussex Rare

Y

Y

 

Starling

Sturnus vulgaris

Red list Bird of conservation concern, Notable Bird

Y

Y

Y

Sterile Beardless -moss

Weissia sterilis

Sussex Rare

Y

 

 

Stone Curlew

Burhinus oedicnemus

Amber list Bird of conservation concern, Notable Bird

Y

 

 

Straw Belle (moth)

Aspitates gilvaria gilvaria

Sussex Rare

Y

 

 

Tall Fescue Planthopper

Ribautodelphax imitans

Red List GB Pre94 Insufficient data, Sussex Rare

Y

 

 

Thorow-wax

Bupleurum rotundifolium

Red List GB post 2001 Critically Endangered, Red List ENG post 2001 Critically Endangered, Nationally Rare, Sussex Rare

Y

 

 

Toadflax Brocade moth

Calophasia lunula

 

Y

 

 

Tree Pipit

 Anthus trivialis

Red list Bird of conservation concern, Notable Bird

Y

 

 

Tree Sparrow

Passer montanus

Red list Bird of conservation concern, Notable Bird

Y

 

 

True Fox-sedge

Carex vulpina

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Vulnerable, Nationally Rare, Sussex Rare

Y

 

 

Twite

Linaria flavirostris

Red list Bird of conservation concern

Y

 

 

Turtle Dove

Streptopelia turtur

Red list Bird of conservation concern, Notable Bird

Y

 

 

Wall (butterfly)

Lasiommata megera

Red List GB post 2001 Near Threatened

Y

 

 

Wart-biter

 Decticus verrucivorus

W&C Act Sch5 s9.1/s9.1 kill/s9.1 take/s9.4a/ s9.4b/s9.4c/Sale s9.5a; Red List GB post 2001 Endangered, Nationally Rare, Sussex Rare

Y

 

 

White Admiral

  Limenitis camilla

Red List GB pos t2001 Vulnerable

Y

 

 

White Ermine

Spilosoma lubricipeda

For national research purposes only

Y

 

 

White-fronted Goose

Anser albifrons

Red List Bird of conservation concern,

Y

 

 

White Helleborine

Cephalanthera damasonium

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Vulnerable

Y

 

Y

White-lettered Hairstreak

Satyrium w-album

WCA Sch 5 sale s9 (5(a); Red List GB post 2001 Endangered

Y

 

Y

Whiting

Merlangius merlangus

Red List Global post2001 Data Deficient

Y

 

 

Willow Tit

Poecile montanus

Red list Bird of conservation concern, Notable Bird

Y

 

 

Wood Calamint

Clinopodium menthifolium

Red List GB post 2001 Vulnerable, Red List ENG post 2001 Vulnerable, Nationally Rare

Y

 

 

Woodlark

Lullula arborea

Notable Bird

Y

 

 

Wood Warbler

Phylloscopus sibilatrix

Red list Bird of conservation concern, Notable Bird

Y

 

 

Yellowhammer

Emberiza citrinella

Red list Bird of conservation concern, Notable Bird

Y

?

 

Yellow Wagtail

Motacilla flava

Red list Bird of conservation concern, Notable Bird

Y

 

 

 

 


 

Table 3.2 Additional locally important species requiring conservation action not listed as Priority species

English name

Latin name

Legal / policy protection

Sussex BAP

Brighton & Hove BAP

A bee

Halictus eurygnathus

RDB1

 

Y

A leafhopper

Ulopa trivia

Nationally Notable b

 

Y

A lichen

Physcia clementei

Locally Notable; Nationally Scarce

 

Y

Badger

Meles meles

Protection of Badgers Act 1992

 

Y

Barn Owl

Tyto alba

W&C Act Schedule 1

Y

Y

Black Redstart

Phoenicurus ochruros

W&C Act Schedule 1

 

Y

Broadleaved Spurge

Euphorbia platyphyllos

 

 

Y (Arable Plants)

Common Frog

Rana temporaria

W&C Act Schedule 5 sale S.9(5)a

 

Y

Corn Gromwell

Lithospermum arvense

 

 

Y (Arable Plants)

Corn Parsley

Petroselinum segetum

 

 

Y (Arable Plants)

Dense-flowered Fumitory

Fumaria densiflora

 

 

Y (Arable Plants)

Early Spider Orchid

Ophrys sphegodes

W&C Act Schedule 8

 

Y

English Elm

Ulmus procera

Brighton holds the National Collection of Elms

 

Y

Fine-leaved Fumitory

Fumaria parviflora

 

 

Y (Arable Plants)

Firecrest

Regulus ignicapillus

W&C Act Schedule 1

 

Y

Frosted Arache

Atriplex laciniata

Locally Notable

 

Y

Glow Worm

Lampyris noctiluca

Locally Notable

Y

Y

Hoary Stock

Matthiola incana

IUCN Pre 1994 Rare. Locally Notable Nationally Scarce

 

Y

House Martin

Delichon urbica

Red list Bird of conservation concern, Notable Bird, Locally Notable

Y

 

Light Feathered Rustic

Agrotis cinerea

Locally Notable

 

Y

Meadow Clary

Salvia pratensis

W&C Act Schedule 8 Amber List plant – Vulnerable and Near Threatened

 

Y

Narrow-fruited Cornsalad

Valerianella dentata

 

 

Y (Arable Plants)

Nottingham Catchfly

Silene nutans

 

 

Y (Arable Plants)

Palmate Newt

Lissotriton helveticus

W&C Act Schedule 5 sale S.9(5)a

 

Y

Peregrine

Falco peregrinus

W&C Act Schedule 1

 

Y

Prickly Poppy

Papaver argemone

 

 

Y (Arable Plants)

Rough Poppy

Papaver hybridum

 

 

Y (Arable Plants)

Sea Bindweed

Calystegia soldanella

Locally Notable

 

Y

Sea Heath

Frankenia laevis

Nationally Scarce

 

Y

Sea Knotgrass

Polygonum maritimum

W&C Act Schedule 8

 

Y

Sea Rocket

Cakile maritima

Locally Notable

 

Y

Smooth Newt

Lissotriton vulgaris

W&C Act Schedule 5 sale S.9(5)a

 

Y

Swift

Apus apus

Red list Bird of conservation concern, Notable Bird, Locally Notable

Y

Y

Swallow

Hirundo rustica

Locally Notable

Y

Y

Toadflax Brocade moth

Calophasia lunula

Locally Notable

 

 

Venus’s Looking Glass

Legousia hybrida

 

 

Y (Arable Plants)

Weasel's Snout

Misopates orontium

 

 

Y (Arable Plants)

Wild birds (most species)

-

W&C Act

 

Y

 

Table 3.3 Priority habitats present in Brighton and Hove

Feature habitat

Legal / policy protection

NERC

Section  41*

Regional        BAP+

Sussex BAP

Brighton

& Hove

BAP

 

Arable field margins (incorporated in Farmland in Brighton & Hove BAP)

 

Y

Y

Y

Y

Coastal vegetated shingle

 

Y

Y

Y

Y

Fragile Sponge and Anthozoan Communities on Subtidal Rocky habitats

Included in MCZ

Y

 

 

Y

Hedgerows

 

Y

 

Y

Y

Intertidal Chalk

Included in MCZ

Y

 

 

Y

Intertidal Underboulder Communities

Included in MCZ

Y

 

 

Y

Lowland calcareous (chalk) grassland Land (incorporating chalk scrub and wax caps colonies in Brighton & Hove BAP)

 

Y

Y

Y

Y

Lowland mixed broadleaved woodland

 

Y

Y

Y

Y

Lowland Wood-Pasture and Parkland

 

Y

Y

Y

Y

Maritime cliff and slopes

 

Y

Y

Y

Y

Open Mosaic Habitats on Previously Developed Land (incorporating Urban Commons in Brighton & Hove BAP)

 

Y

 

 

Y

 

Ponds

 

Y

Y

 

Y

 

Sheltered Muddy Gravels – subtidal sediments

Included in MCZ

Y

 

 

Y

 

Subtidal Chalk

Included in MCZ

Y

 

 

Y

 

Subtidal sands and gravels

Included in MCZ

Y

 

 

Y

 

Traditional orchards

 

Y

 

Y

Y

 

Table 3.4 Additional habitats & features which are locally important not listed as Priority habitats

 

Feature habitat

Legal / policy protection

Regional         BAP+

Sussex BAP

Brighton

& Hove

BAP

Arable land

 

 

Y

Y

Ancient woodland and ‘veteran’ trees

NPPF irreplaceable

 

 

Y

Mosaic habitats

 

 

 

Y

Road verges

 

 

Y

Y

School grounds

 

 

 

Y

Scrub communities

 

 

 

Y

Standing fresh water (including ponds of all types)

 

Y

 

Y

The Downs

 

 

Y

Y

Urban areas

 

 

 

Y

 

+Atthe time of writingthe South East Regional BAP contains targets for habitatsonly.


 

ANNEX 4: Protected species and ecological survey seasons

This provides a rough guide to the seasonality of ecological survey to illustrate the potential impact on the submission of information in support of a planning application.  A suitably qualified ecologist should always be consulted to provide site specific advice on appropriate methodologies and timing, which may depend on weather conditions.

 

 

Jan

Feb

March

April

May

June

July

August

Sept

Oct

Nov

Dec

Preliminary Ecological Appraisals

Surveys are possible year round but best during main botanical seasons as below

Botanical Surveys

 

 

 

 

As appropriate to plant community

 

 

   

 

Breeding Birds

 

 

Six survey visits across the season 

 

 

 

 

Wintering Birds

At least monthly 

 

 

 

 

 

 

 

 

At least monthly 

Badgers

Surveys for evidence can be undertaken year round

 

Bait marking and sett surveys

Breeding season, limited surveying

Bait marking and sett surveys

 

 

 

 

 

 

 

Licensable season for disturbance

 

Bats

 

Potential Roost Assessment Surveys are possible year round

 

 

 

Possible depending on temperature

Emergence and Activity Surveys

Possible depending on temperature

 

 

Hazel Dormice

 

 

 

Nest tube survey with monthly checks throughout season, to achieve minimum level of effort

 

Reptiles

 

 

 

Weather conditions are important

 

 

 

 

Water Voles

Habitat assessment possible year round

 

 

 

Two surveys required: the first Apr to end Jun, the second Jul to Sep to identify breeding territories and latrines

 

 

Great Crested Newts

Habitat assessment possible year round

 

 

 

4-6 x Aquatic surveys (must include: 2-3 surveys mid-Apr- mid May); eDNA survey season mid Mar to end Jun

 

 

 

 

 

Key

 

Optimal

 

Sub-optimal

 

Not recommended

 

 

Points to note regarding surveys are as follows:

 

·      It is important that surveys for protected (and Priority) species are carried out at an appropriate time of year, as indicated by published guidance and/or nationally recognised survey guidelines/methods where available to ensure the greatest chance of detecting protected (and priority) species if present. At other times of year, it can be very difficult to detect protected (and priority) species as their levels of activity decrease as temperatures decline and the weather worsens, they take refuge in areas that are difficult to access, and bad weather destroys evidence of their presence. Therefore, surveys undertaken at an inappropriate time of year will not provide a true reflection of the likely impacts of a proposed development on protected (and priority) species. 

·      For certain species and habitats, surveys can be carried out at any time of year, but for other species, particular times of year are required to give the most reliable results, as indicated above.

·      Surveys conducted outside of optimal times will be unreliable. As a consequence, there may be insufficient information for determination of an application. For certain species (e.g. Great Crested Newt) surveys over the winter period are unlikely to yield any useful information. Similarly, negative results gained outside the optimal period should not be interpreted as absence of a species and further survey work maybe required during the optimal survey season. This is especially important where existing surveys and records show the species has been found previously on site or in the surrounding area. 

·      Species surveys are also very weather dependent, so it may be necessary to delay a survey or to carry out more than one survey if the weather is not suitable, e.g. bat surveys carried out in wet or cold weather may not yield accurate results.

·      Absence of evidence of a species does not necessarily mean that the species is not there, nor that its habitat is not protected (e.g. a bat roost is protected whether any bats are present or not).

·      Sussex Biodiversity Record Centre can provide existing information and records (www.sussexbrc.org.uk)

 


 

ANNEX 5: Biodiversity Checklist

 

The Biodiversity Checklist is designed to identify developments which may have an impact on biodiversity, particularly whether protected, Priority or notable species may be affected by proposals.  Protected and Priority species are a material consideration in the planning process, and if there is a likelihood that a development will impact them, further information must be submitted in support of a planning application. Applicants or their agents should use the Biodiversity Checklist to carry out a ‘first impressions’ check of their application site (stage A1). This should be carried out while     on site and does not require ecological expertise.

 

The Checklist is not required for the following types of planning applications - advertisement applications, air conditioning units/air source heat pumps (and similar), changes of use, conversion to flats (if not affecting the roof), crossovers (where no hard standing needs to be created), extract ducting, fences, removal of fire escapes, roller blinds/shutters, satellite dishes, shop fronts, walls and gates, windows and doors.

 

All other types of development proposal must include a completed biodiversity checklist for the application to be validated. This includes householder applications where the development requires a planning application (not permitted development); listed building consents where the roof will be affected including roof lights, solar panels or floodlighting of churches or trees; full planning applications including single/two storey extensions and residential/commercial new build; and outline planning applications. A checklist may be required for variations.

 

Failure to complete the Biodiversity Checklist accurately may result in your application not being validated and may cause delay to the determination process.

 

There are two different Biodiversity Checklists: one for householder applications and one for all other types of planning applications.

 

The Householder Biodiversity Checklist includes questions to help determine whether Protected or Priority species may be affected and whether further information may be required. If ‘the answer is ‘yes’ to any of the questions listed, an ecological report may be required to assess impacts and provide for appropriate avoidance, mitigation and compensation.

 

The Checklist for other types of planning application includes indicative thresholds and criteria which will trigger the consideration of Protected and Priority species, based on the likelihood of these being present and affected by development. It should be used by applicants to identify which ecological surveys are likely to be necessary for an individual development given its condition and location.  If the checklist indicates that species may be present and affected, a suitably qualified ecologist should ensure any necessary ecological surveys are undertaken in the appropriate season.  Where a suitably qualified ecologist considers that surveys are necessary, these will need to be carried out and submitted alongside the planning application in order for it to be validated.


 

Householder Applications Biodiversity Checklist

 

Question

Features

Response

1) Will the proposals affect (e.g. modify or demolish) existing buildings with any of the following features:

 

(These could indicate the likelihood of bats (European protected species – see SPD Section 2.2) being present and affected by the development & may trigger the need for survey & assessment to support an application)

Weather boarding, roof voids and/or hanging tiles that are within 200m of woodland, designated nature sites (see SPD Section 2.1), and/or fresh water

Yes / No

Pre-1960 detached buildings or structures within 200m of woodland, designated nature sites (see SPD Section 2.1) and/or fresh water

Yes / No

Pre-1914 buildings or structures within 400m of woodland, designated nature sites (see SPD Section 2.1) and/or fresh water

Yes / No

Pre-1914 buildings with gable ends, traditional clay tile roofs or slate roofs, hanging tiles or weather boarding (regardless of location)

Yes / No

Located within, or immediately adjacent to woodland, designated nature sites (see SPD Section 2.1) and/or immediately adjacent to fresh water

Yes / No

Underground structures including, but not limited to, cellars, ice-houses, air raid shelters

Yes / No

Any structure with gaps around roof structures such as flashing, ridge tiles, fascia and soffit boards within 200m of woodland, designated nature site (see SPD Section 2.1) and/or fresh water

Yes / No

Structures where there is known current or historic bat use

Yes/No

2) Do the proposals involve felling, removal or works to:

 

Woodland

Yes / No

Native hedgerows and/or lines of trees

Yes / No

Old and veteran trees (Veteran trees are those which are of interest biologically, culturally or aesthetically because of its age, size or condition. Veteran trees often have decay features such as branch death or hollowing)

Yes / No

Mature trees with holes, cracks, cavities, or that are covered with mature ivy (including dead trees)

Yes / No

3) Do the proposals involve the removal/modification of mature garden features?

Features including rough grassland; large mature compost heap; large mature log pile; large rockery; scrub; copse; allotment; orchard.

Yes / No

4) Do the proposals involve the removal/modification of a (permanent or temporary) water body, such as a pond?

 

Yes / No

5) Does the site or part of it lie within a District Licensing Amber or Red Risk Zone for Great Crested Newts?

 

Yes / No

 


 

Notes:

·         Woodland can be viewed on magic.gov.uk under the heading of “priority habitats”

·         Some wetland habitats, can be viewed on magic.gov.uk

·         Locations of designated nature sites can be viewed on the City Plan Policies Map

·         Information on the Great Crested Newt District Licensing Scheme can be found on naturespaceuk.com

 

If you have answered YES to any of the above questions you may need an ecological assessment. In the first instance, a Preliminary Ecological Appraisal (PEA) will be required (see SPD Section 7: A1). A full Ecological Impact Assessment may be required where the PEA indicates that priority habitats or species may be affected (See SPD Section 7: A3). This should be addressed before you submit your planning application by seeking further advice from a professional and suitably qualified ecologist.

 

Assessments should be proportionate to the size of the site and the nature of the proposals. If your ecologist considers the impacts on ecology are negligible, they should provide justification with clear photographs to explain why. This must include an explanation of how all potential impacts on biodiversity will be avoided and/or why protected and Priority species are not an issue on your site. If the ecological information received does not provide certainty of likely impacts, the application may be refused.

 

For office use

 

1

Have all questions on all sections been completed?

Y/N

If YES, go to 2

If NO, application should not be validated

2

Have any questions been answered “Yes”?

Y/N

If YES, go to 3

If NO, application can be validated

3

Has a separate ecological statement, report or other supporting information been submitted to identify and address potential impacts

Y/N

If YES application can be validated

If NO, application should not be validated

 


 

Full and Outline Applications Biodiversity Checklist

 

Proposals for Development That Will Trigger a Survey for the relevant Protected, Priority or Notable Species

Bats

Barn Owls

Breeding Birds

Gt. Crested Newts

Dormouse

Water vole

Badger

Reptiles

Amphibians

Schedule 8 Plants & Fungi

Stag Beetle

Aculeate hymenoptera

Other Priority Species

Notable species of local concern (e.g. swifts)

Response (please tick)

·      Proposals affect existing buildings with any of the following:

·      All buildings with weather boarding, roof voids and/or hanging tiles that are within 200m of woodland and/or fresh water

Y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·      Pre-1960 detached buildings or structures within 200m of woodland and/or fresh water;

Y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·      Pre-1914 buildings or structures within 400m of woodland and/or fresh water;

Y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·      Pre-1914 buildings with gable ends, traditional clay tile roofs or slate roofs, , hanging tiles or weather boarding regardless of location;

Y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·      All tunnels, mines, kilns, ice-houses, adits, military fortifications, air raid shelters, cellars and similar underground ducts and structures;

Y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·      All bridge structures (especially over water and wet ground).

Y

 

 

 

 

Y

 

 

 

 

 

 

 

 

 

·      Any structure with gaps around roof structures such as flashing, ridge tiles, fascia and soffit boards within 200m of woodland and/or fresh water

Y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·      Structures where there is known current or historic bat use

Y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proposals involving lighting of churches and listed buildings or flood lighting of green space within 50m of woodland, water, field hedgerows or lines of trees with obvious connectivity to woodland or water.

Y

Y

Y

 

Y

 

 

 

 

 

 

 

 

 

 

Proposals affecting woodland, or field hedgerows and/or lines of trees with obvious connectivity to woodland or water bodies.

Y

 

Y

 

Y

 

Y

 

 

Y

Y

 

 

 

 

Proposals within 200m of a designated site for nature conservation

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

 

·      Proposed tree work (felling or lopping) and/or development affecting:

·      old and Veteran trees that are older than 100 years;

Y

Y

Y

 

 

 

 

 

 

 

Y

 

 

 

 

·      trees with obvious holes, cracks or cavities;

Y

Y

Y

 

 

 

 

 

 

 

 

 

 

 

 

·      trees with a diameter greater than 1m at chest height;

Y

Y

Y

 

 

 

 

 

 

 

 

 

 

 

 



Proposals affecting natural cliff faces, crevices or caves.

Y

 

Y

Y

 

 

 

Y

 

 

 

Y

 

 

 

Major proposals within 500m of a pond or Minor proposals within 100-250m of pond, or where the site or part of it lies within a District Licensing Amber or Red Risk Zone for Great Crested Newts? 

 

 

 

Y

 

Y

 

 

Y

 

 

 

 

 

 

Proposals affecting or within 200m of a river, stream, lake, or other aquatic habitats such as reedbed, grazing marsh and fen.

Y

 

Y

 

 

Y

 

Y

Y

Y

 

 

 

 

 

Proposals affecting brownfield sites, allotments and railway land which involve a change to derelict areas with exposed soil, brambles, piles of rubble etc of more than 100m2.     

 

 

Y

Y

 

 

Y

Y

Y

 

Y

 

 

 

 

Loss or modification of grassland grazed by horses, cattle or sheep, or more than about 100m2

 

 

 

 

 

 

 

 

 

Y

 

Y

Y

 

 

Proposals for large wind turbines: see Scottish Natural Heritage et al Bats and Onshore Wind Turbines: Survey, Assessment and Mitigation  

Y

 

Y

 

 

 

 

 

 

 

 

 

 

 

 

Proposed development affecting any buildings, structures, feature or locations where protected, notable or Priority species are known to be present.

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

 

 

 

Notes:

·         Woodland can be viewed on magic.gov.uk under the heading of “priorit

·         Some wetland habitats, can be viewed on magic.gov.uk

·         Locations of designated nature sites can be viewed on the City Plan Policies Map

·         Information on the Great Crested Newt District Licensing Scheme can be found on naturespaceuk.com

 

If you have ticked any of the above questions you are likely to need an ecological assessment. In the first instance, a Preliminary Ecological Appraisal (PEA) will be required (see SPD Section 7: A1). A full Ecological Impact Assessment may be required where the PEA indicates that priority habitats or species may be affected (See SPD Section 7: A3). This should be addressed before you submit your planning application by seeking advice from a professional and suitably qualified ecologist.

 

Exceptions for When a Full Species Survey and Assessment may not be Required

 a. Following consultation by the applicant at the pre-application stage, the Council’s ecological adviser has stated in writing that no protected or Priority species surveys and assessments are required.

 b. If it is clear that no protected or Priority species are present, despite the guidance in the above table indicating that they are likely, the applicant should provide evidence with the planning application to demonstrate that such species are absent (e.g. this might be in the form of a brief report from a suitably qualified and experienced ecologist, or a relevant local nature conservation organisation).

 c.  If it is clear that the development proposal will not affect any protected or Priority species present, then only limited information needs to be submitted.  This information should, however, (i) demonstrate that there will be no significant impact on any protected or Priority species present (this includes protecting habitats not to be impacted by the development during construction and post construction phases), and (ii) include a statement acknowledging that the applicant is aware that it is a criminal offence to disturb or harm protected species should they subsequently be found or disturbed.

 

 

For office use

 

1

Have all questions on all sections been completed?

Y/N

If YES, go to 2

If NO, application should not be validated

2

Have any questions been ticked “Yes”?

Y/N

If YES, go to 3

If NO, application can be validated

3

Has a separate ecological statement, report or other supporting information been submitted to identify and address potential impacts

Y/N

If YES application can be validated

If NO, application should not be validated

 

 

 


 

ANNEX 6: Biodiversity on Development sites: A hazard prevention checklist during construction and operation

This checklist aims to help implement the mitigation hierarchy: avoid impacts and embed mitigation during construction as well as inform the design and location of compensation post construction.

 

Hazard

Considerations

Construction Phase

Ancillary structures such as paths and other hard surfaces

These are often excluded from planning application drawings, but their construction and location can damage biodiversity features. Ensure their design, location and construction method take account of biodiversity features e.g. permeable paving systems which can integrate vegetation.

Assembly areas for components of construction.

Plan locations in advance and site well away from sensitive areas. Include in Ecology report site plan.

Demolition operations.

Falling rubble and storage areas for demolished structures can cause unnecessary damage if not properly planned for.

Interruptions to established management regimes

It is important to maintain established habitat management regimes throughout the construction process. In some cases, it may be necessary to modify these to help buffer biodiversity features from construction impacts. Seek ecological advice.

Introduction of imported soils

Often landscaping schemes involve the importation of topsoil which is inappropriate to the locality or the nature conservation feature. In general, nutrient-rich topsoil should be avoided in habitat management and creation schemes. Introduction of topsoil can also promote the spread of invasive plant species.

Lighting

Lighting/floodlighting can interfere with animal behavior patterns. All lighting schemes should be designed to minimise light spill s and maintain dark unlit features on and off-site including on surrounding natural features such as trees and greenspaces.

Provision of services and utilities (e.g. underground power lines, water supply and drainage / gully pots

These are often excluded from planning application drawings, but their construction and location can damage biodiversity features including trapping and killing animals such as toads and amphibians in gully pots. Ensure their location is included in the Ecology report and their design and effects fully  considered. 

Removal of site offices/compounds and final site clear away after construction

Due care is needed, for example to ensure protective fencing is maintained in good condition until all danger of damage to biodiversity features by construction-related activity is passed.

Storage areas for construction and landscaping materials

Ensure such storage areas are identified and considered in the ecological report

Structural works to existing buildings including conversions.

Although the footprint of the development may be the same as existing, construction activity may affect nearby biodiversity features. Such development may also affect species which use buildings, such as bats and nesting birds.

Temporary access routes for construction vehicles - both on and off site.

Plan locations in advance and site well away from sensitive areas. Include in ecological report site plan.

Temporary fencing

Protective fencing should be sturdy and form a sufficiently robust barrier to prevent accidental damage to nature conservation features. Temporary fencing for construction purposes should avoid severing areas of habitat.

Temporary offices and compounds.

Plan locations in advance and site well away from sensitive areas. Include in Ecology report site plan.

Topsoil and sub-soil removal.

Consider locations for storage and include in Ecology report. Ensure topsoil removal does not promote the spread of invasive species to new locations.

Vegetation clearance.

Direct loss of habitat; timing of removal to minimise impact and meet legislative requirements (e.g. nesting birds, hibernating herptiles); ensure controlled removal of undesirable species e.g. Japanese Knotweed)

Occupation/Operational phase

Landscape management

Appropriate aftercare, such as watering, is crucial to the successful integration of nature conservation features into development. Specialist contractors may be required at particularly sensitive locations. Chemical applications should be avoided.

Pets

Pets can have a severe predation and disturbance effect on reptiles, mammals and birds. Major scheme design should aim to   minimise this risk, for example by buffering habitat resources such a woodland from development, and in the location and types of nest boxes and bird feeders used.

Public access

Increased public access to urban nature conservation features should be encouraged but such access should be carefully considered in the design and management of schemes to ensure nature conservation benefits are sustained

Vandalism.

The design of nature conservation features within development should take account of potential vandalism issues and  other anti-social behaviour.

Vehicle access around and on/off-site.

Plan locations for all roads and paths in advance and site well away from sensitive areas. Soil compaction issues. Ensure temporary access is Included in ecological report site plan.

 


 

ANNEX 7: Notes on habitat creation and enhancement

Table 7.1 General principles on habitat creation

Thefollowing general principles should be appliedto development schemesinvolving habitat creation:

Planning

Location

Timing

Design

Species

Identification of nature conservation features

All proposed and existing nature conservation features should be identified on the site plans submitted as part of a planning application. Advice and survey by a professional ecologist may be required. The Sussex Biodiversity Record Centre may also need to be consulted.

Works

Works should be scheduled to minimise any risk of disturbance to species and habitats and to maximise the successful establishment of new features.

 

Surveys

Some species and habitats are only available for conservation work at specific times of the year. Such requirements should be factored in during the earliest planning stages of a scheme.

Integration at an early stage

The design of nature conservation enhancements should be integrated from the early planning stage of a scheme. The aim should be to maximise opportunities and minimise impacts.

 

Linear features

Avoid the fragmentation of linear nature conservation features. These are often important for allowing movement from one area of habitat to another.

 

Buffer Zones

Buffer areas between new nature conservation features and development may be needed to avoid damaging impacts.

Choice of species

Full details of all species to be planted should be provided for all schemes. Generally, native species guaranteed to be of local provenance must be used especially in open countryside and on the urban fringe sites. In the urban area, non- native species with confirmed nature conservation benefits, e.g. pollen and nature rich, may also be appropriate.

 

Integration

New nature conservation features should integrate with and complement habitats and species already present in the vicinity. Ensure that habitat creation proposals will not lead to damage to existing biodiversity features.

 

Implementation

Site Preparation

Site Management

Aftercare

Avoid topsoil

Most semi-natural habitats are adapted to nutrient-poor conditions, so habitat creation schemes should avoid the use of nutrient-rich topsoil. Topsoil will encourage competitive weed species of low conservation value.

 

 

 

 

 

Adequate fencing Sturdy fencing (rather than temporary, plastic fencing or tape) should be used to protect nature conservation features throughout the construction phase including appropriate root protection areas and buffer zones, and in some cases, subsequently. Details of the location, type and means of installation of such fencing should be provided on the plans as part of the submitted planning application.

On-site personnel

All on-site personnel should be made aware of any nature conservation features affected and of the conservation measures required. There should be an identified person responsible for overseeing ecological works and their contact details should be made available to the Planning Officer. An ecological clerk of works and/or specialist contractor may be required, particularly for complex or difficult habitat management works.

 

 

Plant handling

All plants should be handled and planted in accordance with the relevant clauses in ‘Handling and Establishing Landscape Plants’ Chemical applications should be avoided.

Provision for management Developments involving new and existing nature conservation features must make provision for their on-going management.

 

 

Table 7.2 Native plants of local provenance and other plants suitable for landscaping schemes in Brighton and Hove

The use of native species of local provenance should be used in all habitat creation schemes unless there is adequate justification provided and accepted as reasonable for using plants from other sources agreed with the Council’s ecological adviser. Proposals using such species must demonstrate at least UK (and preferably local) seed / plant origins peat and chemical free as possible. Habitat creation schemes nearby designated nature sites, greenspaces, in open countryside,  and the urban fringe must use such suitable and appropriate native species of wildlife value as a priority.

 

Table7.2 is not intended to be entirelycomprehensive.

 

Species

Latin name

Chalk grassland (c) woodland (w) hedge bank / woodland edge (h)

Spring Meadow

Summer Meadow

Agrimony

Agrimonia eupatoria

c,h

N

Y

Black Medic

Medicago lupulina

c

N

Y

Bladder Campion

Silene vulgaris

c

Y

Y

English Bluebell

Hyacinthoides non-scripta

w,h

-

-

Bugle

Ajuga reptans

w

-

-

Burnet Saxifrage

Pimpinella saxifrage

c

N

Y

Butcher’s Broom

Ruscus aculeatus

wh

 

 

Centaury

Centaurium erythraea

C

N

Y

Common Bird’s-foot Trefoil

Lotus corniculatus

c,h

Y

Y

Common Dog Violet

Viola riviniana

W

-

-

Common Knapweed

Centaurea nigra

C

N

Y

Common Milkwort

Polygala vulgaris

c

Y

Y

Common Restharrow

Ononis repens

c

N

Y

Cowslip

Primula veris

c

Y

N

Creeping thyme

Thymus drucei

c

N

Y

Crested dog’s-tail

Cynosurus cristatus

c

Y

Y

Cuckoo Pint

Arum maculatum

h,w

-

-

Devil’s-bit Scabious

Succisa pratensis

c

N

Y

Dog Violet

Viola riviniana

c,h

Y

N

Dog’s Mercury

Mercurialis perennis

w,h

-

-

Dropwort

Filipendula vulgaris

c

N

Y

False Brome

Brachypodium sylvaticum

h

-

-

Field Scabious

Knautia arvensis

c

N

Y

Foxglove

Digitalis purpurea

h

-

-

Garlic Mustard

Allaria petiolate

h

-

-

Germander Speedwell

Veronica chamaedrys

h,c,g

Y

N

Glaucous Sedge

Carex flacca

c

Y

Y

Greater Knapweed

Centaurea scabiosa

c

N

Y

Greater Stitchwort

Stellaria holostea

h,c

Y

N

Harebell

Campanula rotunifolia

c

N

Y

Herb Bennet

Geum urbanum

w

-

-

Hoary Plantain

Plantago media

c

Y

Y

Honeysuckle

Lonicera periclymenum

w,h

-

-

Horseshoe Vetch

Hippocrepis comosa

c

N

Y

Kidney Vetch

Anthyllis vulneraria

c

Y

Y

Lady’s Bedstraw

Galium verum

c

N

Y

Marjoram

Origanum vulgare

c

N

Y

Meadow Buttercup

Ranunculus acris

c

Y

Y

Mouse-ear Hawkweed

Pilosella officinarum

c

N

Y

Nettle-leaved Bellflower

Campanula trachelium

w,h

-

-

Oxeye Daisy

Leucanthemum vulgare

c,h

Y

Y

Perforate St John’s wort

Hypericum perforatum

c

Y

Y

Primrose

Primula vulgaris

w,h

-

-

Quaking Grass

Briza media

c

Y

Y

Ramsons

Allium ursinum

w,h

-

-

Red Campion

Silene dioica

w,h

-

-

Red Fescue

Festuca rubra

c

Y

Y

Rock Rose

Helianthemum nummularium

c

N

Y

Salad Burnet

Sanguisorba minor

c

Y

Y

Self-heal

Prunella vulgaris

c,h

Y

Y

Sheep’s Fescue

Festuca ovina

c

Y

Y

Small Scabious

Scabiosa columbaria

c

N

Y

Stinking Hellebore

Helleborus foetidus

w

-

-

Stinking Iris

Iris foetidissima

w

-

-

Sweet Violet

Viola odorata

w,h

-

-

Tufted Vetch

Vicia cracca

w

-

-

Vipers Bugloss

  Echium vulgare

c

N

Y

White Campion

  Silene alba

c

Y

Y

Wild Basil

  Clinopodium vulgare

c

N

Y

Wild Carrot

Daucus carota

c,h

N

Y

Wild Strawberry

Fragaria vesca

w,h

-

-

Wood Anemone

Anemone nemorosa

w

-

-

Yarrow

Achillea millefolium

c,h

Y

Y

Yellow Rattle

Rhinanthus minor

c

Y

N

Yellow Wort

Blackstonia perfoliate

c

N

Y


Table 7.2.1 Ornamental plants of wildlife value (adapted from a list supplied by The EcologyConsultancy)

In inner urban areas within the built-up area boundary, non-native species which attract beneficial wildlife i.e. nectar and pollen rich, may also be used if these are justified to be better suited to the development and the local environment.  In the urban area of Brighton and Hove a wide range of horticultural plant varieties offer valuable sources of food for wildlife including nectar, seeds, berries and sap. Others provide nesting or roosting opportunities. Native and ornamental plants should be combined to create ‘near-natural’ diverse and interesting wildlife-friendly plantings.

 

The lists below are not exhaustive, but merely a selection of the more widely available species. They should not be used in the countryside or the urban fringe, where they may invade and damage semi-natural habitats. Planting of fruit trees as “scattered orchards” should seek to use traditional varieties local to Brighton & Hove.

 

Trees

 

Apple

Malus domestica (several ornamental forms available)

Cherry

Prunus spp. (but not ornamental flowering cherries)

Foxglove tree

Paulownia tomentosa

Lacebark

Hoheria spp., e.g. H.glabrata, H. lyallii

Pear

Pyrus spp. e.g. Pyrus calleryana 'Chanticleer'

 

Shrubs  (NB Many of the shrub species below will form small trees when mature)

Barberry

Berberis darwinii, B.thunbergii 'Bagatelle', B. x stenophylla

Gorse

Ulex spp

Broom

Genista spp

Himalayan honeysuckle

Leycesteria formosa

California lilac

Ceanothus arborea / spp.

Japanese quince

Chaenomeles japonica

Common myrtle

Myrtus communis

June berry

Amelanchier Canadensis

Hazels

Corylus spp.

Laurustinus

Viburnum tinus

Hawthorns

Crataegus spp.

Lavender

Lavandula angustifolia, L. x intermedia

Holly

IIex (various cultivars –self-pollinating varieties recommended)

Mahonia

Mahonia spp

Daisy Bush

Olearia x hastii, O. macrodonta and O. traversii

Mock Orange

Philadelphus spp

Elderberry

Sambucus ‘Black Lace’

Rock rose

Cistus spp.

Firethorn

Pyracantha spp.

Rosemary

Rosmarinus officinalis

Flowering currant

Ribes sanguineum

Shrubby Veronica

Hebe spp. (select varieties with light coloured flowers)

Flowering Quince

Chaenomeles speciosa

 

 


Herbaceous perennials

A wide variety of herbaceous perennials help support wildlife and the list below is only a small selection. The following general rules can also be used to select good wildlife-friendly plantings:

·         Plants with 'Single'flowers (those where the stamensare visible) ratherthan double flowers.

·         Most ‘traditional’ herbs Rosemary, Sage, Lavenders, Fennel,alliums (chives)

·         Plants with flat-topped umbels or (daisy-like) heads

·         Most Mints (dead-nettles, Salviaspp.)

·         Carrot family (Umbellifers),

·         Cabbage (Crucifers) family

 

Sterile hybrid flowers (e.g. Hydrangea hybrids, Busy Lizzie) are to be avoided.

Good wildlife friendly herbaceous perennials

Aster

Aster spp

Purple Verbena

Verbena bonariensis

 

Black-eyed Susan

Rudbeckia hirta or R. fulgida

Red valerian

Centranthus rubra

 

Cinquefoil

Potentilla fruticose

Russian Sage

Perovskia atriplicifolia

 

Echinacea

Echinacea purpurea

Ice plant

Sedum spectabile

 

Escallonia

Escallonia spp

Soapwort

Spanoria officinalis

 

Foxglove

Digitalis purpurea varieties, D. lutea, D. x mertonensis

Sweet rocket

Hesperis matronalis

 

French Marigold

Tagetes patula

Teasel

Dipsacus fullonum

 

Globe thistle

Echinops ritro

Tobacco plant

Nicotiana affinis

 

Ice plant

Sedum spectabile

 

 

 

 

Wildlife friendly annuals

Climbers

Blue Wax Flower

Cerinthe major‘purpurascens’

Clematis spp.

Clematis vitalba, C. armandii, C. alpina, C. montana, C. tangutica

Californian Poppy

Eschscholzia californica

Climbing Hydrangea

Hydrangea petiolaris

French Marigold

Tagetes patula. Avoid the double flowered varieties

Honeysuckle

Lonicera japonica, L. fragrantissima, L. standishii

Poached Egg Plant

Limnanthes douglasii

Ivy

Hedera helix

Sunflowers

Helianthus annus

Jasmine

Jasminum officinale

Tobacco plant

Nicotiana affinis

 

 

Table 7.2.2 Terrestrial Species to avoid in landscaping schemes

Any plants listed as Non-native Invasive Species in Schedule 9 of Wildlife & Countryside Act 1981 as amended should not be planted within landscaping schemes. The following terrestrial species have comparatively few benefits for wildlife areas and their use should be avoided in landscaping schemes, without specific justification:

 

Species not to be used in landscaping schemes

Buddleia

Buddleia spp.

Cherry Laurel & variegated laurel species

Prunus laurocerasus / Prunus lusitanica Variegata

Cotoneasters

Cotoneaster spp

Evergreen Oak

Quercus ilex

False Castor Oil Plant

FatsiaJaponica

Japanese Rose

Rosa rugosa    

Phormium

Phormium spp.

Shrubby honeysuckle

Lonicera nitida

Spotted laurel

Aucuba japonica

Stags Horn Sumac

Rhus typhinia

 


 

Table 7.3 General principles on planting trees, woodland, hedgerows and scrub

The conservation of existingtrees, woodland and hedgerows, and the creation of new native features is encouraged, where this is consistent with other nature conservation objectives. The following general guidelines should be followedin any development involving the planting and creation of new trees, woodland and hedgerows. Proposals shouldalso conform to BS 5837‘Guide for trees in relation to construction’ (see also SPD 6 ‘Treesand Development Sites’):

 

Planning

Location

Timing

Design

Species

Trees too close to buildings and car parks can lead to complaints about leaf  fall, shade and other problems.

 

Do not plant in locations which could damage other biodiversity features, or which coincide with underground or  overhead services.

 

New hedges, trees and woods are particularly appropriate where  they connect or extend existing woodlands and wildlife corridors.

Bare root trees should be planted during a frost-free period between mid- October and early December.

 

Container- grown trees can  be planted throughout the year (avoiding periods of drought and frost), provided  adequate provision is made for regular watering.

Trees and shrubs for woodland/scrub habitats should be spaced between 1-2m apart.

Two-year old, feathered seedlings or transplants should be planted (larger sizes are more expensive, slower to establish have a  higher failure

rate and are prone to vandalism.

Mixes of native species should be used which reflect local, natural associations.

 

In inner urban areas, non-native species and varieties (such as     Firethorn) may be appropriate if they provide good wildlife  habitat (e.g. berries and nesting habitat for birds). These species should definitely not be used  where they could

spread to nearby semi natural habitat.

Implementation

Preparation

Management

Aftercare

Compacted soils should be deep- ploughed or ‘ripped’ before planting.

 

 

Trees should be planted the same day or as soon as  possible after delivery.

 

Roots should be protected from desiccation and frost damage during transit and storage.

Trees may need protection from rabbit damage following planting and should be kept free of weeds 1m diameter around each stem. Use mulch for five years following planting.

 

Each tree should be drenched with 5 litres of water immediately following planting. Thorough and regular watering may also be necessary for the first two seasons, depending on location.

 

Dead saplings should be replaced for the first 3 years following planting. Thinning should take place when tree branches become interlaced and growth is suppressed. Wood waste from thinning should be left scattered under the trees to promote woodland floor species. Piles of dead wood should be avoided where they can create a fire risk.

 

Existing woods may require enhanced management to remove invasive species, manage access, diversify the range of species present, increase light reaching the woodland floor or to promote particularly desirable species.

Table 7.4 Native trees and shrubs suitable for planting in Brighton and Hove

Species

Latin name

Suitable for planting on the urban fringe /

downland?

Pioneer species

Tolerant of infertile soil

Cliffs and coast

Pollution tolerant

Tree or shrub

Field Maple

Acer campestre

N

 

y

 

y

small tree

Hawthorn

Crataegus monogyna

Y

y

y

y

y

shrub

Beech

Fagus sylvatica

Y

 

 

 

 

tree

Juniper

Juniperus communis*

N

y

y

y

 

shrub

Wild Privet

Ligustrum vulgare

Y

y

 

 

y

shrub

Crab Apple

Malus spp.

Y

 

 

 

y

small tree

Blackthorn

Prunus spinosa

Y

y

 

y

 

shrub

Pedunculate Oak

Quercus robur

Y

 

 

 

y

tree

Buckthorn

Rhamnus catharticus

Y

 

 

 

y

small tree

Dog Rose

Rosa canina

Y

 

y

 

 

scrambler/shrub

Goat Willow

Salix caprea

N

y

 

y

y

shrub

Elder

Sambucus nigra

Y

y

y

 

y

shrub

Yew

Taxus baccata

Y

 

y

 

y

small tree

Dogwood

Cornus sanguinea

Y

y

y

 

 

shrub

Small-leaved Lime

Tilia cordata

N

 

 

 

 

tree

Gorse

Ulex europaeus

Y

y

y

y

 

shrub

Wych Elm

Ulmus glabra

Y

 

 

 

y

tree

Wayfaring Tree

Viburnum lantana

Y

y

y

 

 

shrub

 

The introduction of native woodland ground flora is one way of enhancing existing, established woodlands. Table 7.2 includes recommended species for woodland floor planting. These should be introduced in discrete blocks within woodlands where light levels are between 10% and 40% of daylight in summer, as plug plants or seed. Woodland seed sowing should be at a high rate (10kg of seed per hectare), whereas plant plugs can be introduced at about 5 plants per m2.

 

Hedgerow creation and management follows similar principles to those needed for woodland and scrub. Shrub plants for new hedgerows should be selected from the list provided in Table 7.4, planted at 200mm centres in two rows 150-450mm apart. A ‘hedge line’ mulch should be used, and species should be planted in blocks of five, which helps to give the developing hedge a naturalistic appearance. After planting, cut hard back to encourage bushy basal growth.


 

Table 7.5 General principles on creating flower-rich grassland

Ancient, species-rich grassland cannot be recreated but it is possible to create attractive, flower-rich grassland as part of new developments. Chalk grassland  creationis encouraged by the Sussex Chalk Grassland BAP where conditions are suitable. The following general guidelines should be followed:

 

Planning

Location

Timing

Design

Species

Flower-rich grassland should not be located where:

·         it will be heavily shaded by trees.

·         the soil is rich in nutrients or will be fertilised

 

Locations suitable for flower-rich grassland are:

·         areas of low soil fertility,

·         dry slopes with thin soils.

Sow native, local provenance wild flower seed  in autumn (September-

November), a month after soil treatments have been completed (see Site Preparation)

Avoid small grass patches. These are expensive to maintain and tend to be of low nature conservation value. Aim to create fewer, larger spaces which can incorporate low- maintenance wild flower areas.

A mix of species should be used which reflect local, natural associations (see Table 7.2).

 

Plant plugs, not seeds, should be used to diversify existing grassland. They should be planted 50cm apart. Yellow Rattle (Rhinanthus minor); can be seeded into existing grassland where it will reduce grass vigour.  

 

Seed mixes should be used to establish new flower-rich grassland. Recommended seeding rate: 2g of seed/m2,

Cornfield annuals should be used as a ‘nurse crop’.

Implementation

Site Preparation

Site Management

Aftercare

Nutrient-rich topsoil should be removed or buried before sowing.

 

Expensive soil improvements, such as drainage, deep ripping and fertiliser treatment are to be avoided.

 

Work the soil in midsummer to minimise compaction problems when wet. Cultivate to an even tilth (breaking up, raking, harrowing and rolling) and firm surface. Remove large stones (may damage grass cutting equipment).

 

Sowing wild flower seeds. Scuffle the surface after sowing to incorporate seeds in the surface soil.

Flower-rich meadows should be protected from access and from storage of plant and machinery throughout the construction process

New grassland

In the spring of the first year after sowing, roll and then cut to 10cm high and remove clippings. Cut to 10cm about every 2 months thereafter to prevent any species from becoming dominant. Allow a 5 week break in June/July for the cornfield annual nurse crop to flower. In the second year, revert to the cuts described below.

Timing of cutting and cutting frequency have an important influence on the species found in new and existinggrasslands. In all cases, cuttings should be removed and no fertilisers should be added at any time.

 

Spring meadow: Do not cut until late June, then cut to 50mm. Thereafter cut regularly to 100mm. Because spring meadows are cut before the school summer holidays, they can double as ‘kick about’ areas.

 

Summer meadow: Do not cut between mid-May and late August. Regular cutting to 50mm between March and mid May helps to eliminate coarse grasses during their maximum growth period.

Flower-rich grassland should look intentional. Use mown borders, paths, benches, etc to give flower-rich grassland areas a ‘cared for’ appearance.

Table 7.6 Aquatic plantspecies suitable for plantingin Brighton and Hove

There are no permanent, naturally occurring freshwater bodiesin Brighton and Hove. However,‘dew ponds’ have been createdon the Downs for centuries and more recently, amenity garden ponds and associated wetland areas have become importantfor wildlife.

 

Submerged

Floating

Emergent

Marginal

Common name

Scientific name

Common name

Scientific name

Common name

Scientific name

Common name

Scientific name

Common Water Crowfoot

Ranunculus aquatilis agg.

Yellow Water Lily

Nuphar lutea

Flowering Rush

Butomus umbellatus

Marsh Marigold

Caltha palustris

Curled Pondweed

Potamogeton crispus

White Water Lily

Nymphaea alba

Branched Bur-reed

Sparganium erectum

Brooklime

Veronica beccabunga

Spiked Water Milfoil

Myriophyllum spicatum

 

 

Water Plantain

Alisma plantago

Bogbean

Menyanthes trifoliata

Water Violet

Hottonia palustris

 

 

 

 

Water Forget-me-not

Myosotis scorpioides

Hornwort

Ceratophyllum

demersum

 

 

 

 

Water Mint

Mentha aquatica

 

 

 

 

 

 

Reed Sweet Grass

Glyceria maxima

 

 

 

 

 

 

Yellow Flag

Iris pseudacorus

 

 

 

 

 

 

Purple Loosestrife

Lythrum salicaria

 

Table 7.6.1 Invasive aquatic plant species

Aquatic Plants which must NOT be used under any circumstances (very invasive)

Swamp Stonecrop

Crassula helmsii

Water Fern

Azolla filiculoides

 

 

Marsh Pennywort

Hydrocotyle

Ranunculoides

 

Parrot’s Feather

Myriophyllum aquaticum

Fringed Water Lily

Nymphoides peltate

 

 

Himalayan balsam

Impatiens glandulifera

 

Canadian Pondweed

Elodea canadensis

 

 

 

 

 

 

 

Nuttall’s Pondweed

Elodean nuttallii

 

 

 

 

 

 

 

Curly Waterweed

Lagarosiphon major

 

 

 

 

 

 

 


 

Table 7.7 Coastalvegetated shingle

Coastal vegetated shingleis both a national and Sussex BAP habitat. The Sussex BAP specifically includes an action to “take advantage of coastal development to create new shingle areas”. Coastal shingle is an inhospitable environment for plant growth. Plants experience high-temperature stress and desiccation in summer; salt water spray, high winds and substrate movement in winter. The substrate itself is nutrient-poor and with very little organic matter. Many species survive by accumulating substantial underground reserves.

 

Due to the intensive amenity use of the beaches in Brighton and Hove, very few areas of coastal shingle retain natural vegetation. However, opportunities may arisethrough landscaping withinnew coastal developments to integrate new vegetated areas.

 

Planning

Implementation

Location

Timing

Design

Species

Site Preparation

Site

Management

Aftercare

 

Any site

within 100m of the beach (other than cliffs)

Pot planting should take place in spring (March/April) to give

plants time to establish before summer desiccation and winter storms.

Sow seed in the autumn or spring

Aim to vary the substrate, aspect and slope of a site to maximise the variety of shingle species that can successfully establish.

Annuals and short-lived plants can be established from seed. Perennials colonise too slowly and are too susceptible to disturbance when young for seedling establishment. These species require container-grown plants (9cm pots or greater).

New shingle habitats should be profiled to contain about 20% sand to promote seedling establishment. A depth of at least 20cm shingle is required. Organic matter and fertiliser are not required (may attract weed species). Aim for a matrix of areas of different textures to promote the establishment of different species.

Ensure vegetated shingle areas are protected from disturbance throughout the construction period.

Add boardwalks, interpretation boards, etc. to encourage appreciation of this rare habitat.

Suitable species for new vegetated coastal shingle are:

 

Sea Kale

Crambe maritima

Sea Holly

Eryngium maritimum

Sea Campion

Silene maritima

Biting Stonecrop

Sedum acre

English Stonecrop

Sedum anglicum

Viper’s Bugloss

Echium vulgare

Rock Samphire

Crithmum maritimum

Yellow-horned Poppy

Glaucium flavum

 


ANNEX 8: Building with Nature – Helping create better places for people and wildlife

Building with Nature (BwN) is a voluntary approach that enables developers and other built environment professionals to go beyond the statutory requirements to deliver more for people and wildlife. The BwN Standards are free to use and provide industry with a benchmark, underpinned by a set of quality standards and ‘how-to’ guidance, to meet the challenges of the climate, ecological and health emergencies.

 

BwN Standards can be used for every type and scale of development across the UK. The benchmark is equally applicable across residential, commercial, and community infrastructure development; and is designed to support the quality of green infrastructure in projects of all sizes, from infill development, up to new settlements.

 

Building with Nature Accreditation

There are multiple benefits from BwN accreditation as this reduces planning uncertainty, provides a robust set of holistic design principles, delivers Corporate Environmental and Social responsibility and supports marketing and sales of residential developments. This also demonstrates a shared framework of evidence-based Standards with an independent verification of quality and readiness for Biodiversity Net Gain and new local policy requirements.

 

Building with Nature (BwN) Standards can help to smooth passage of an application through the planning process. By more clearly defining parameters and expectations around quality of green infrastructure (GI), the use of BwN can help create a level playing field for applicants and makes it easier to understand what good looks like for a particular scheme. BwN is already referenced in the National Design Guide and a full summary of references to BwN in local policy documents is available on request.

 

As an external verification, BwN Accreditation can also raise confidence amongst other important stakeholders, such as elected members. A scheme that has a BwN Design Award in place, or is working towards a BwN Full Award would be welcomed . If a scheme is already developing high-quality GI, then paying for the Award provides an independent verification of that quality. The Award is a way of demonstrating a scheme meets a high standard - and critically - helps to demonstrate that a scheme meets and goes beyond policy compliance and other regulatory requirements.

BwN and BNG work well together. BNG is a quantitative biodiversity metric, and BwN is a qualitative design tool that focuses multi-functionality and quality, helping to embed biodiversity enhancements into a design and maximise opportunities for on-site biodiversity gains. Put simply, BNG is the what and BwN is the how. BwN can be used as the mechanism for assisting schemes in achieving BNG compliance on site, whilst also ensuring quality place-making that provides multiple benefits for people and our planet. The evidence that a design has met BNG can be used as evidence to demonstrate compliance with the Wildlife standards within the BwN Standards.


 

Climate and Biodiversity Emergencies

As the Council has declared a climate and biodiversity emergency, BwN is one way to demonstrate how development proposals are responding to the challenges of climate change. With a Building with Nature Award in place, the Council councillors and others will be able to clearly see how your development is addressing these issues by meeting the relevant BwN Standards.

BwN Standards provide a clear definition of high-quality Green Infrastructure

 

BwN Standards are overseen by BwN Standards Board, which has representation from Royal Town Planning Institute, Landscape Institute, Chartered Institute of Ecologists and Environmental Managers, TCPA, representative from government, including Environment Agency, Natural England, and representatives from industry, including Taylor Wimpey. As such, BwN Standards are well respected, and are kept up to date and robust (comfort for LPAs and designers) and can help developers implement Policy DM37.

 

BwN Accreditation can help guide the design process

 

The BwN Accreditation system results in Awards but is effectively a “process tool” that can help guide the design process. An Approved BwN Assessor can ensure that all relevant consultants are engaged in the design process at the right time, and can help streamline the design process, save time, avoid mistakes and help the developer to meet all the necessary planning policy and other targets. This is particularly true if BwN Assessors are appointed early on. If a Full Award is pursued, this includes a post-construction check (12-months post-completion) and shows further commitment on the part of the developer (another tick for planning). The requirement for a long-term Landscape and Ecological Management Plan (or equivalent) is likely to be a condition on a consent to secure the delivery of BNG from retained and newly created habitats and BwN can then use this for the post-construction check. High-quality green infrastructure, coupled with higher density schemes, can mean that housing numbers can be achieved at the same time as meeting a range of other policy requirements.

Covering long-term management and maintenance costs

Part of the BwN Accreditation process is supporting you to get the most cost-effective, sustainable model and mechanism for long-term management and maintenance in place. Your Approved Assessor will be able to offer examples of good practice and may be able to broker partnership working to more efficiently secure practicable solutions to common problems such as adoption of above-ground surface water management features. It is often the case that a civils approach to sustainable drainage can be more costly in the long-term to maintain than “softer” solutions where GI is designed into the SuDS. For more information read about the BwN case studies.