1.INTRODUCTION

1.1Brief

This plan is designed to comply with current legislation and best practice guidance.

Common reptiles are afforded protection under Schedule 5 of the Wildlife and Countryside Act 1981, as amended by the Nature Conservation (Scotland) Act 2004.  This makes it an offence to “intentionally or recklessly kill or injure" (but not ‘take’) and also sell, transport for sale and advertise for sale, any reptile. Reckless acts would include disregarding mitigation aimed at protecting reptiles, resulting in the killing and/or injury of reptiles.

No licensing procedure under UK legislation exists for permitting derogation of Section 9(5) (and parts of Section 9(1)) for development purposes.  Therefore, a Species Protection Plan (SPP) for reptiles is required to ensure their protection throughout the duration of the Project.

No guidance is provided by SNH on the necessary measures required to ensure that any works completed under the Project are considered lawful.  English Nature (now Natural England) published in 2004 – “Reptiles: guidelines for developers”, which set out statutory expectations of reasonable avoidance of killing and/or injury of reptiles.

The guidance identifies two aims that need to be achieved where reptiles are present on development sites:

•To protect reptiles from any harm that might arise during the development work; and

•To ensure that sufficient quality, quantity and connectivity of habitat is provided to accommodate the reptile population, either on-site or at an alternative site, with no net loss of local reptile conservation status.

In advance of and during construction at any location where there is the potential for reptiles to be present, it is essential that this plan is followed.

2.REVIEW OF WORKS AND IMPACT ASSESSMENT

Within 30m of suitable habitat where the common lizards were recorded, the Site Ecologist will review whether construction activities are likely to affect reptiles and, if so, what mitigation options are available.  Construction teams will be advised of existing/new constraints together with the mitigation proposals.

The project GIS database and relevant site documentation will be updated with new and amended information as it is produced, with changes communicated to appropriate staff as required.

3.GENERAL MITIGATION

This SPP is designed to provide the Contractor and Site Ecologist with an approved methodology for carrying out works within areas that provide suitable habitat for reptiles.  The Site Ecologist will attend site on a regular basis throughout the construction period to ensure that all environmental mitigation relevant to reptiles is delivered.  A hierarchical approach to mitigation of avoid / protect and destroy will be applied to any reptile habitat that may be affected under the Project works.

3.1Works in All Areas

An emergency procedure will be implemented by site workers if reptiles are encountered within any part of the site.  All work within 30m of suitable reptile habitat will cease, and the Site Ecologist will inspect the site and define mitigation (if required) in line with this SPP.

3.2Works in areas where reptiles have been confirmed

For areas where the presence of reptiles has been confirmed, an initial protection zone of 30m around all suitable reptile habitat will be marked on the ground using blue rope (or blue tipped canes and signs) to restrict work access.  Site staff will be briefed of its purpose through a Toolbox Talk.  Works will be micro-sited where possible out with the protection zone.

If the works cannot be micro-sited out of areas where reptiles have been confirmed, a reasonable mitigation effort will be performed to clear construction areas of reptiles using one or more of the following options as appropriate:

•Strimming and fingertip searches – the legislation effectively requires the displacement of individual reptiles from the working width to alternative habitat. Mechanical strimming / mowing will be completed during the reptile active period of April to September inclusive.

•Capture and Release programme - completed prior to works during the active reptile period of April to September inclusive in accordance with the methodology detailed below.

Fencing – where suitable, temporary and permanent exclusion fencing will be used to protect the reptiles.  A solid barrier may be required around the areas which will remain in place during the works.  Following any reptile mitigation works, the Site Ecologist will conduct a walkover and fingertip search immediately before groundbreaking works commence to reasonably check that no reptiles are present.

Where construction works are scheduled to take place during the hibernation period (indicatively October to March inclusive), mitigation works will be completed in September.  Mitigation works would only extend in to early October where weather conditions do not result in reptiles potentially going in to hibernation.  Mitigation works may involve habitat manipulation and capture release programmes as suitable to allow construction to proceed during the inactive reptile period.

Where works will impact on possible reptile hibernation sites, they will be dismantled before the hibernation period and a suitable alternative constructed within adjacent suitable habitat.  Once works have been completed, hibernation sites will be re-constructed in their original position if possible using large stones, small boulders, timber and brash.  The design will follow best practice laid out in current guidelines.

In the event of mitigation options not proving satisfactory in a particular case, further mitigation will be determined under consultation with SNH.  No construction works would be undertaken within the protection zone until mitigation has been agreed.

3.3Specific Mitigation Options

Strimming and Fingertip Searches

Mechanical strimming will be completed during the reptile active period of April to September in suitable habitat where reptile presence has been confirmed and can be carried out prior to works starting.  This method involves cutting the vegetation by mechanical means, under supervision of the Site Ecologist, to remove cover, and decrease the attractiveness of the area for reptiles.  The size of the buffer area between suitable reptile habitat and ongoing works would be decided by the Site Ecologist.  This method will only be carried out where there are areas of suitable reptile habitat adjacent to the works area allowing reptiles to disperse in to these areas.  As there are only likely to be small numbers of reptiles, small scale habitat enhancement will be carried out to suitable areas of adjacent habitat.

The approach is summarised as follows:

•Adjacent areas of suitable reptile habitat would be enhanced in advance by adding brash piles, rotting natural wood and hibernation sites;

•The area to be strimmed would be marked out by the Site Ecologist;

•The Site Ecologist  would check any dense areas of vegetation immediately before any strimming by carrying out a fingertip search, capturing and removing any reptiles found to prevent any injury to any animal seeking refuge within it;

•The area would be cleared during a 5 stage process, using a hand held strimmer under the supervision of the Site Ecologist;

oStage 1: Vegetation to be strimmed to a height of 150mm;

oStage 2: Arisings to be raked by hand and removed from the area to an area of retained habitat;

oStage 3: Following a period of several days, a second vegetation strim to be carried out down to ground level;

oStage 4: Arisings to be raked by hand and removed from the area to an area of retained habitat;

oStage 5: A detailed fingertip search would then be completed by the Site Ecologist walking slowly across the area immediately in advance of the soil strip.  Any reptiles found would be captured by the Site ecologist and released in to an area of suitable habitat.  If the soil strip is delayed, the vegetation will be regularly strimmed to ground level before it reaches a height of 150mm.

The soil strip will proceed slowly, and under the direct supervision of the Site Ecologist.  If reptiles are seen within the works zone, then works would be halted immediately and the Site Ecologist will advise on when they can restart.

3.4Capture and Release Programme

A capture and release programme will be undertaken by the Site Ecologist in areas where there is no adjacent suitable habitat for reptiles to disperse in to.  Reptiles will be collected with the use of survey ‘tins’ located in areas of suitable habitat.  Reptiles collected will be moved to a previously identified receptor site which will be enhanced to support additional reptiles (although it is anticipated that only a small number of reptiles will be captured/released).  As with the strimming option, the Site Ecologist will conduct a walkover immediately before groundbreaking works commence to reasonably check the no reptiles are present.

As only common lizards have been recorded on site and are considered to be present in only small numbers, a tin density of 50/ha would be considered appropriate.  The trapping effort would continue over a period until there are 7 clear days when no reptiles are captured.  Data would be collected on standard recording forms and will include: site code, grid reference, date, time, weather, species and age/gender.  Nil results will also be recorded.

Reptiles will be carefully hand caught, placed into a soft bag and released into a receptor area as soon as is possible.

3.5Reptile Fencing

Reptile exclusion fencing will be used in areas where reptile populations are present close to working construction areas.  The fencing will prevent reptiles from entering the works sites and will prevent the working area from accidentally extending in to areas of reptiles habitat.

All exclusion fencing will be removed upon completion of the works.

3.6Protection of Hibernating Reptiles

Construction Activities

The following steps will be followed by the Site Ecologist in order to protect reptiles where construction works are required during the inactive period (October to March inclusive) in areas where reptiles are known to be present:

•Assess and map potentially suitable winter habitats / features.

•Micro-site location of works areas to avoid disturbing suitable hibernation sites where practicable.

•Where there is any uncertainty as to the potential presence of reptiles within the feature, works will be re-scheduled to the active period.

1. •If the Site Ecologist thinks it unlikely that reptiles are present, then the feature can be carefully dismantled by hand (where possible) or plant under the supervision of the Site Ecologist.
   

2. •Should inactive reptiles be found, the works will be stopped and the Site Ecologist will carefully replace materials to minimise any disturbance to the reptile and changes in the microclimate of the void.  Where this is not possible (e.g. a stone cannot be replaced without risk of injuring or killing the reptile) the Site Ecologist will consult with SNH.