Extracts from "Specifications and Recommendations for Wildlife Enhancement" by Wildthing Consultants. A report created for Play For Elham following an appraisal of King George V Playing Field in January 2010.
Protected Species LegislationThe legal protection of animals
and plants in the United Kingdom is for the most part provided for by :
- The
Wildlife and Countryside Act 1981 as amended by the Countryside and
- Rights
of Way Act 2000
- The Habitats and Species Directive (92/43/EC)
enacted through the
- Conservation (Natural Habitats) Regulation
1994
- The Protection of Badgers Act 1992
- Natural
Environment and Rural Communities Act 2006
The level of
protection for each species varies according to the conservation status
of the species. The Countryside and Rights of Way Act 2000 supplemented
existing legislation for wildlife protection by prohibiting 'recklessness' of an individual or group, which may result in the
killing or harming of protected species. The CROW Act was extended by
the Natural Environment and Rural Communities Act 2006 to ensure due
regard to the conservation of Biodiversity in the UK by establishing
Natural England and the Commission for Rural Communities.
Section 40
of the Act states that: "Every public authority must, in exercising its functions,
have regard, so far as is consistent with the proper exercise of those functions,
to the purpose of conserving biodiversity". This replaces and
extends the duty, from S.74 of the CROW Act 2000, on Minsters and
Government which required them to have regard to the purpose of
conserving biodiversity. Conserving biodiversity includes restoring
and enhancing a habitat(s) or population(s).
Section 41 of the Act
requires the Secretary of State (in England) to publish a list of the
living organisms and types of habitat which in the Secretary of State's
opinion are of principle importance for the purpose of conserving
biodiversity. The list comprises of those species and habitats currently
acknowledged and documented under the Biodiversity Action Plan (UKBAP).
The list has recently undergone a review (June 2007) and now includes
grass snake, slow worm, and viviparous lizard.
Great Crested Newts
and bats are among the species which hold the highest levels of
protection. These species are protected under Schedule 5 of the Wildlife
and Countryside Act 1981 and in Schedule 2 of the Habitats Regulations.
Reptiles
& AmphibiansReptiles:
The Wildlife and Countryside Act
1981 [schedule 5] (as amended) is the main legislation which offers
protection against intentional killing or injury to most reptiles found
in the UK. The species that fall under this protection include:
- Adder
Vipera berus
- Grass Snake Natrix natrix
- Slow worm Anguis
fragilis
- Common Lizard Lacerata vivipara
In terms of
the proposed development in order to avoid committing an offence under
the Act mitigation methods must be presented subject to the minimum 7
days survey between March - June, and August - September.
Amphibians:
The
Wildlife and Countryside Act 1981 [schedule 5] (as amended) is the main legislation
which offers protection against intentional killing or injury to most amphibians
found in the UK. The species that fall under this protection include:
- Great
Crested Newts Triturus cristatus
- Palmate Newts Triturus
Helveticus
- Smooth Newts Triturus vulgaris
- Common Toad
Bufo bufo
- Common Frog Rana temporaria
The Great Crested
Newt (GCN) has full protection under the Wildlife and Countryside
Act 1981 (as amended), which includes section 4a and 4b of the Act which
includes damaging, destroying or obstructing access or disturbing in
situ respectively. In addition the Countryside and Rights of Way Act
2000 (CROW) gives additional weight of protection with the phrase
"any reckless intention" to cause killing, harm or disturbance to
this species.
What we are doing for Reptiles and AmphibiansA
diverse range of reptiles and amphibians may be inhabiting the gardens
along the northern and eastern boundaries. During the construction phase
we have been advised to erect Reptile Fencing along the eastern and
northern boundaries of the park area. This will help prevent Greater
Crested Newts, in particular, from accessing the construction area where
they may get injured.
The play area design will include a
hibernacula and refugia bank along the northern boundary, which will
also provide a south facing basking area for herpetiles.
A total
of 10 log piles will be installed within the green lung boundaries of
the site, which will provide refugia for herpetiles
throughout the site. The planting of a linear screen along the
northern and eastern boundaries will facilitate and conserve good
connectivity, hibernation, and natural refugia for herpetiles as this
should be retained in full.
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