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Preliminary Ecological Appraisal Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU Client: ModoBloc Date: 17th February 2021 Author: Mr Tim Sexton Tyne Ecology Grange House, East Holywell, Newcastle upon Tyne NE27 0JJ 0191 716 0275 | surveys@tyne-ecology.co.uk www.tyne-ecology.co.uk
ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal
Client: ModoBloc
Site/Job: Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
Author | Contact details: Tim Sexton | tim@tyne-ecology.co.uk | 07720467577
Local Planning Authority: Durham County Council
Planning application reference:
Report reference: TE2021-NZ2615942114/PEA/Ver-1.0
Grid Reference: NZ 26159 42114
what3words: https://w3w.co/caller.cares.payer
Surveyor | Contact details: Tim Sexton | tim@tyne-ecology.co.uk | 07720467577
Desk Study | Field Survey Dates February 2021 | 15/02/2021
Versioning and Quality Assurance
Status Version Author Reviewed by Date
Final 1.0 Tim Sexton, BSc Hons, Steve Lowe BSc Hons, CEnv, 17/02/2021
Ecologist MCIEEM
DISCLAIMER
This document has been prepared by Tyne Ecology for ModoBloc solely as a Preliminary Ecological
Appraisal Report. Tyne Ecology accepts no responsibility or liability for any use that is made of this
document other than by the client for the purposes for which it was originally commissioned and
prepared.
The evidence which we have prepared and provided is true, and has been prepared and provided in
accordance with the guidance of The Chartered Institute of Ecology and Environmental
Management’s Code of Professional Conduct. We confirm that the opinions expressed are our true
and professional bona fide opinions.
Checking surveys maybe required if the results of this report are to be used to inform a planning or
management decision more than 12 months after the date of this survey1.
1 https://cieem.net/resource/advice-note-on-the-lifespan-of-ecological-reports-and-surveys/
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Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal
SUMMARY
Purpose
Tyne Ecology was commissioned by ModoBloc (the client) to undertake a Preliminary Ecological
Appraisal (PEA) of the Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU.
The site is a former Shell Garage with an area of 0.23 hectares. The site is dominated by concrete
hardstanding with trees and tall ruderal vegetation, including Japanese knotweed, around the
boundaries.
The site is being considered for residential development, and a planning application is being
prepared for submission to Durham County Council.
Methodology
A PEA was undertaken consisting of a desk study and field survey undertaken in February 2021
following the Chartered Institute of Ecology and Environmental Management (CIEEM) Preliminary
Ecological Appraisal (2018) guidelines and standard Phase 1 Habitat Survey protocol (JNCC, 2010).
A PRA was undertaken during the field survey in accordance with Bat Surveys: Good practice
Guidelines (Collins, 2016).
A preliminary Biodiversity Net Gain calculation was undertaken using the DEFRA 2.0 Metric.
Key Issues
• There are a trees and hedging around the site boundaries that maybe impacted by the
development.
• Japanese knotweed was found onsite 2.
Recommendations
1. An arboricultural impact assessment must be undertaken.
Reason: The Local Planning Authority has a statutory duty of ‘minimising impacts on and
providing net gains for biodiversity’, under the NPPF (June 2019).
2. To avoid disturbing nesting birds, vegetation clearance should be undertaken outside the
period 1st March to 31st August. If this timeframe cannot be avoided, a close inspection of
trees and scrub should be undertaken immediately prior to the commencement of works. All
active nests will need to be retained until the young have fledged.
Reason: Birds and their nests are protected by law.
3. Any trenches dug should either be covered at night or have a rough sawn plank placed in
them to act as a ramp for any wildlife which may fall in.
Reason: The Local Planning Authority has a statutory duty of ‘minimising impacts on and
providing net gains for biodiversity’, under the NPPF (June 2019).
2 https://www.gov.uk/guidance/prevent-japanese-knotweed-from-spreading
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ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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4. Installation of bat and bird boxes should be incorporated into the design of the building in
consultation with an ecologist and the architect.
Reason: The Local Planning Authority has a statutory duty of ‘providing net gains for
biodiversity’, under the NPPF (June 2019).
5. A lighting plan should be created to demonstrate that any exterior lighting proposed post-
development would not have a detrimental effect on bats commuting along the boundaries
of the site, or on any bat roost features incorporated into the buildings.
Reason: The Local Planning Authority has a statutory duty of ‘minimising impacts on and
providing net gains for biodiversity’, under the NPPF (June 2019).
6. Gaps should be made under fences to allow hedgehogs to move and forage across the site.
Reason: The Local Planning Authority has a statutory duty of ‘minimising impacts on and
providing net gains for biodiversity’, under the NPPF (June 2019).
7. A landscaping plan should be devised in consultation with an ecologist to seek biodiversity
enhancements onsite.
Reason: The Local Planning Authority has a statutory duty of ‘minimising impacts on and
providing net gains for biodiversity’, under the NPPF (June 2019).
8. An invasive species management plan should be prepared for the site to control/eradicate
Japanese Knotweed and, as a minim, prevent it’s spread.
Reason: Japanese knotweed is a highly invasive species and can cause serious problems to
developments and ecology. It is an offence to cause or allow Japanese knotweed to spread
in the wild under the Wildlife and Countryside Act 1981 section 114 (2) (WCA 1981).
Conclusions
If all recommendations are followed, then it is possible for the development to be undertaken
without negative impacts on protected species and without loss of biodiversity.
In consequence of the scale and intensity of the proposed development, the low impact on
ecological receptors identified through both the site survey and search of local biological records,
and the passive interface with the mitigation hierarchy, this plan-led report is considered adequate
and proportionate. It communicates all relevant information necessary to determine a planning
application, or support the recommendations for further surveys.
Proportionality
The work involved in preparing and implementing all ecological surveys, impact assessments and
measures for avoidance, mitigation, compensation and enhancement should be proportionate to
the predicted degree of risk to biodiversity and to the nature and scale of the proposed development.
Consequently, the decision-maker should only request supporting information and conservation
measures that are relevant, necessary and material to the application in question. Similarly, the
decision-maker and their consultees should ensure that any comments and advice made over an
application are also proportionate.
This approach is enshrined in Government planning guidance, for example, paragraph 193 of the
National Planning Policy Framework for England.
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ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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The desk studies and field surveys undertaken to provide a preliminary ecological appraisal (PEA)
might in some cases be all that is necessary.
(BS 42020, 2013)
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ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal
Contents
SUMMARY II
LIST OF FIGURES V
LIST OF TABLES V
1 INTRODUCTION 1
2 METHODOLOGY 3
3 RESULTS 5
4 INTERPRETATION AND ASSESSMENT 10
5 CONCLUSIONS AND RECOMMENDATIONS 13
6 REFERENCES 16
APPENDIX I: PHASE 1 HABITAT MAP 17
APPENDIX II: PROPOSED DEVELOPMEN 18
APPENDIX III: DESKTOP RESEARCH 19
APPENDIX IV: FIELD SURVEY PHOTOGRAPHS 24
APPENDIX V: SPECIES LIST 25
APPENDIX VI: PLANNING POLICY AND LEGISLATION 26
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ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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List of Figures
Figure 1 - Aerial image of the site (red line denotes site boundary). Image used under licence (Google 2021).
Imagery date 15/02/2021. .................................................................................................................. 1
Figure 2 - Preliminary BNG Results ............................................................................................................ 15
Figure 3 - Looking across the site west to east. .......................................................................................... 24
Figure 4 – Western boundary.................................................................................................................... 24
Figure 5 – Along the west of the site is a raised planter.............................................................................. 24
Figure 6 – South boundary showing wooden fencing and trees (sycamore). ................................................ 24
Figure 7 - North boundary has some overhanging trees from neighbouring properties. ............................... 24
Figure 8 – The east of the site has earth banked up and a boundary beech hedge. ...................................... 24
List of tables
Table 1 - Sources of biodiversity and ecological records. 3
Table 2 - Summary of designated sites within 2km of the site (magic.gov.uk) 5
Table 3 - Priority Habitats with 2km (magic.gov.uk) 5
Table 4 - Priority and protected species records found in the vicinity of the site within the last 10 years. 6
Table 5 - Granted EPSMLs within 2km of the site 7
Table 6 - Summary of weather conditions during the field survey 8
Table 7 - Habitats and linear features present onsite. 8
Table 8 - Impacts of the proposed development on protected species 12
Table 9 - BNG habitat parameters 14
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ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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1 INTRODUCTION
1.1 Tyne Ecology was commissioned by ModoBloc (the client) to undertake a preliminary ecological
appraisal (PEA) of the Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU (the site)
centred at grid reference NZ 26159 42114.
1.2 The principal author of this report is Tim Sexton, who holds a BSc Honours degree in
Environmental Studies, Natural England Bat Licence Level 2 no: 2020-44753-CLS-CLS, and
professional membership of the Chartered Institute of Ecology and Environmental Management
(CIEEM), membership no: 17054.
Site description
1.3 The site is on the western edge of the City of Durham, adjacent to the A167 trunk road.
1.4 The site is a 0.23-hectare former site of a Shell garage filling station, comprising of concrete
hardstanding with banks of disturbed soil in the east of the site with tall ruderal vegetation and
scattered trees around the site boundary.
1.5 The aerial image of the site (Figure 1) shows the site is on the urban edge of Durham with open
farmland to the west.
1.6 The site is bounded by a the A167 trunk road to the west and housing to the east.
Figure 1 - Aerial image of the site (red line denotes site boundary). Image used under licence (Google 2021).
Imagery date 15/02/2021.
© Tyne Ecology 2021 1
ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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Proposed development
1.7 The site is being considered for development for residential housing and a planning application is
being prepared for submission to Durham County Council.
Purpose of this report
1.8 The purpose of this report is to provide sufficient information for the local planning authority to
fully assess the potential ecological impacts of the proposed development, or to identify what
further information is required before a full assessment can be made.
1.9 The result of the PEA has been used to inform whether further surveys are required, or to
establish the need for, and extent of, any mitigation or compensation measures required as part
of the proposed development.
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ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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2 METHODOLOGY
Desk study
2.1 A biodiversity desk study was undertaken in relation to the site. The sources consulted and the
type of information obtained are summarised in Table 1.
Table 1 - Sources of biodiversity and ecological records.
Information requested (search buffer from site
Source
centre/boundary)
Environmental Information Records Centre - North • Protected and priority species (1km)
East (ERIC NE) • Local wildlife sites
Multi-Agency Geographic Information for the • Designated Sites (2km)
Countryside (MAGIC)3 • Priority Habitats (2km)
• Habitat Networks (2km)
• EPSLs (2km)
2.2 The search buffers are considered to be sufficient to cover the potential zone of influence (ZoI) 4 of
the proposed development.
2.3 The impact of the proposed development on the biological integrity of any nearby designated
protected sites has been fully considered.
2.4 Maps related to the desk study are shown in Appendix III.
2.5 A search was undertaken for previous ecological survey information for the site.
Field survey
2.6 A field survey was undertaken on the 15/02/2021.
2.7 All habitats present within the site with the potential to support rare, protected, or otherwise
notable species of flora or fauna (together with any direct signs) were noted.
2.8 A preliminary bat roost assessment was made for all structures/trees onsite.
2.9 In the context of this report, rare, protected, invasive, or otherwise notable species of flora or
fauna were those considered to meet any of the following criteria:
• Species protected by UK or European legislation (see Appendix VI).
• UK Post 2010 UK Biodiversity Framework priority species or Local Biodiversity Action Plan (LBAP)
species.
• Nationally rare or nationally scarce species.
• Species of Conservation Concern (e.g. JNCC Red List, RSPB/BTO Red or Amber Lists).
• NERC Act 2006. Section 41: Species of Principal Importance in England.
3 https://magic.defra.gov.uk/
4 https://www.biodiversityinplanning.org/wp-content/uploads/2019/12/BDS-Guidance-final.pdf
© Tyne Ecology 2021 3ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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2.10 A Phase 1 habitat map was drawn up incorporating target notes used to highlight features of
particular ecological interest (see Appendix I).
2.11 The Wildlife and Countryside Act (1981) as amended, makes it an offence to release or allow to
escape into the wild any animal, plant or micro-organism not ordinarily resident in the UK (as
listed in Schedule 9 of the Act). Plant species listed in Schedule 9 were searched for during the
survey. Examples include species such as Japanese knotweed (Fallopia japonica) and Himalayan
balsam (Impatiens glandulifera).
Biodiversity Net Gain
2.12 Baseline and post habitat areas, from field survey and development plans, respectively, were
calculated using QGIS and entered into Defra Metric 2.0 to provide a net loss/gain figures to
provide an indication whether the proposed development can achieve a biodiversity net gain
onsite or whether offsite mitigation will likely be required.
Survey information
2.13 The field survey was undertaken on the 15/02/2021 by Tim Sexton who holds an Honours degree
in Environmental Studies and holds a Natural England Bat Licence Level 2 no: 2020-44753-CLS-
CLS.
Limitations and assumptions
2.14 The desk study and field survey will not produce a comprehensive list of plants and animals as this
will be limited by factors that influence their presence (e.g. activity and dormancy periods). An
assessment can however be made of the habitats within the survey area, their nature
conservation value and potential to support protected or priority species.
2.15 The PEA was undertaken outside the optimal season for ecological survey when botanical species
are difficult to identify due to dormancy.
2.16 There was some lying snow on the hardstanding of the site but on vegetated areas the cover was
insufficient to prevent recording visible botanical species present.
2.17 No other limitations were encountered or assumptions made during either the desk study or the
field survey and it is considered that with the access gained and recording undertaken an accurate
assessment of the site's ecological value has been made.
© Tyne Ecology 2021 4ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal
3 RESULTS
Desk study
Designated sites – Statutory
3.1 Statutory sites have statutory protection and the local authority has a duty to consult the relevant
statutory nature conservation agency if they permit activities that could affect a site.
3.2 There is one statutory designated site within 2km (see Table 2).
Designated sites – Non-statutory
3.3 Non-statutory sites do not have statutory protection but local authorities are expected to take
account of the need to protect them in deciding their planning and development policies
3.4 There are three non-statutory designations within 2km of the site (see Table 2).
3.5 The site is not within a designated site.
Table 2 - Summary of designated sites within 2km of the site (magic.gov.uk)
Distance &
Site name Designation Description/ reason for designation direction
(approx.)
Statutory
An historic area of woodland. The steep sided slopes
of the Vale support semi-natural broadleaved
woodland. Much of the valley bottom and some of
Flass Vale LNR the slopes were pasture and are now grassland in 715m NE
various stages of succession. The lower end of the
valley bottom is waterlogged supporting remnant
wet woodland/ bog vegetation..
Non-statutory
Baxter Wood LWS Semi-natural woodland 630m W
A mosaic of woodland (some of which is on ancient
Deerness Valley LWS woodland sites), scrub and grassland with occasional 1400m SW
marshy areas
Lowe’s Barn LWS Semi-improved acid-grassland 1370m S
Priority Habitats
Table 3 - Priority Habitats with 2km (magic.gov.uk)
Habitat Distance & direction (approx.)
Lowland Heath 715m NE
Lowland Raised Bog 1850m NW
Ancient and Semi-natural Woodland 1000m SW
Deciduous Woodland 70m N
Wood Pasture and Parkland 1370m NW
© Tyne Ecology 2021 5ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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Habitat Networks
3.6 The site is 130m west of an Network Expansion Zone land within relatively close proximity to
Network Enhancement Zones 1 & 2 that is more likely to be suitable for habitat creation for the
particular habitat for connecting and linking up nature networks across a landscape.
Protected Species
3.7 Table 5 summarises priority and protected species records found within the local area within the
last 10 years, and Table 6 shows European protected species licences granted.
Table 4 - Priority and protected species records found in the vicinity of the site within the last 10 years.
Protected & priority # of records (# species)
Further details
Groups Species On-site 500m
Common pipistrelle 1 0 15
Soprano pipistrelle 6
Roost – confirmed by
Brandts 1
DNA
Bats
Whiskered/Brandt’s 1
Brown Long-eared 1
Noctule 3
Badger 1 6
Western European
2
hedgehog
Mammals
Water vole
(excluding bats)
Brown Hare 1
Otter 1
2 records for palmate
Amphibians - - - 2
newt.
Reptiles - - - - -
Schedule 1 - - 1 1 record for barn owl.
Birds 2132
Non-schedule 1 -
(133)
Species include: Dingy
Skipper, Wall, Shaded
Invertebrates 8(6) Broad-bar, Blood-Vein,
Cinnabar, Powdered
Quaker
5 of these records are
Plants - - 1 8
for invasive species.
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Table 5 - Granted EPSMLs within 2km of the site
Case reference of Distance & Species Licence Licence End Impacts allowed by licence
granted application direction Effected Start Date: Date:
(approx.)
EPSM2013-6653 470m N Bat: C-PIP 14/11/2013 30/07/2015 Destruction of a resting place.
EPSM2012-4891 460 NE Bat: C-PIP 27/09/2012 30/11/2013 Destruction of a resting place.
2016-22628-EPS- 780m NW Bat: C-PIP 25/04/2016 01/05/2021 Destruction of a resting place.
MIT
2016-22628-EPS- 780m NW Bat: C-PIP 16/09/2016 31/03/2023 Destruction of a resting place.
MIT-1
2015-8785-EPS-MIT 950m NE Bat: C-PIP, S- 02/04/2015 30/06/2020 Destruction of a resting place.
PIP
2015-8785-EPS- 950m NE Bat: C-PIP, S- 08/01/2016 30/06/2020 Destruction of a resting place.
MIT-1 PIP
2015-8785-EPS- 950m NE Bat: C-PIP, S- 22/03/2016 30/06/2020 Destruction of a resting place.
MIT-2 PIP
EPSM2011-3468 780m NE Bat: C-PIP 01/09/2011 31/03/2012 Destruction of a resting place.
EPSA2012-5320 1280m E Bat: C-PIP, S- 04/04/2013 31/08/2017 Destruction of a breeding site.
PIP, Daub,
BLE
2015-9399-EPS-MIT 1780m E Bat: C-PIP 07/09/2015 30/05/2020 Destruction of a resting place.
EPSM2011-3072 1045m E Bat: C-PIP 20/05/2011 30/09/2011 Destruction of a resting place.
EPSM2010-2547 1080m E Bat: C-PIP, 22/03/2011 30/06/2012 Destruction of a resting place.
Daub
EPSM2010-1731 970m SE Bat: C-PIP 01/04/2010 30/04/2012 Destruction of a resting place.
2014-1451-EPS-MIT 1750m SE Bat: C-PIP, S- 22/07/2014 30/09/2015 Destruction of a resting place.
PIP
2014-1451-EPS- 1750m SE Bat: C-PIP, S- 08/04/2015 30/09/2015 Destruction of a resting place.
MIT-1 PIP
2016-23455-EPS- 1940m SE Bat: C-PIP, S- 01/08/2016 01/08/2021 Destruction of a resting place.
MIT PIP, Natt, Destruction of a breeding site.
Whisk, BLE
2016-23455-EPS- 1940m SE Bat: C-PIP, S- 09/09/2016 01/08/2021 Destruction of a resting place.
MIT-1 PIP, Natt, Damage of a breeding site.
Whisk, BLE Impact on a breeding site.
2017-31411-EPS- 1600m S Bat: S-PIP, 10/10/2017 04/10/2022 Destruction of a resting place.
MIT Natt
EPSM2012-4895 1800m Great 25/04/2013 30/06/2015 Destruction of a resting place
NW Crested
Newt
© Tyne Ecology 2021 7ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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Field Survey
Timing and conditions
3.8 Prevailing weather conditions during the field survey are summarised within Table 6.
Table 6 - Summary of weather conditions during the field survey
Weather conditions
Date Cloud cover Wind speed
Temp [°C] Precipitation
[Oktas] [Beaufort scale]
15/02/2021 5 8 0 None
3.9 The distribution and extent of habitats observed within the site is illustrated in the Phase 1 Map
(see Appendix I). An accompanying species list (including scientific names) can be found in
Appendix V.
3.10 The habitats present onsite are described in detail in Table 7, using the standard Phase 1 Survey
Habitat Classification hierarchical alphanumeric reference codes (JNCC, 2010).
3.11 Please also refer to Table 7 for a list and description of the onsite target notes. The positions for
these target notes are highlighted in the PEA plan in Appendix I.
3.12 The site was classified according to the following habitat types: J4 Bare ground, C3.1 Tall
Ruderal/ephemeral, A3.1 Scattered Trees, J2.1 Intact Hedge, J2.4 Fence.
Table 7 - Habitats and linear features present onsite.
Habitat type / Linear feature Species present Other observations
J4 Bare ground
The site is dominated by concrete - -
hardstanding.
Cock's-foot (Dactylus glomerata),
perennial rye grass (Lolium
perenne), creeping buttercup
(Ranunculus repens), ragwort
C3.1 Tall Ruderal/ephemeral (Jacobaea vulgaris), broad-leaved
Earth has been banked up and dock (Rumex obtusifolius), creeping Japanese knotweed shown as
disturbed around the east of the thistle (Cirsium arvense), Japanese botanical target note on P1 Map.
site. knotweed (Fallopia japonica), ivy
(Hedera helix), dogwood (Cornus
alba), rosebay willow herb
(Chamaenerion angustifolium),
Cotoneaster sp.
Willow (Salix sp.), sycamore (Acer
A3.1 Scattered Trees pseudoplatanus), cherry (prunus No potential roost features were
The sp.), ash (Fraxinus excelsior), silver found for bats.
birch (Betula pendula).
J2.1 Intact Hedge
Beech (Fagus sylvatica),
The eastern boundary has a beech
ash(Fraxinus excelsior).
hedge with some self-seeded ash.
J2.4 Fence
There is a timber fence along the
south and east boundaries.
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Invasive/Non-native species
3.13 Japanese Knotweed was recorded in two areas of the site. Note: A Proposal to Manage Japanese
Knotweed was prepared by Ebsford Environmental Sept 2020.
3.14 Cotoneaster was recorded.
Onsite fauna
3.15 The following species were recorded onsite during the visit: robin, blackbird, woodpigeon, blue
tit, house sparrow, rabbit.
© Tyne Ecology 2021 9ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal
4 INTERPRETATION AND ASSESSMENT
4.1 This section concerns an assessment of ecological impacts resulting from the proposed
development.
4.2 Based on current development plans there will be a small loss of habitats onsite. Losses will
comprise of trees and vegetated land along the east and west boundaries, and a section of hedge
on the east boundary to provide vehicular access.
4.3 The proposal to manage Japanese knotweed (Ebsford Environmental Sept 2020) specifies ‘a
landscaping contractor may be appointed to clear trees and vegetation before Knotweed
excavations commence’.
Designated sites
4.4 The nearest designated site is 630m to the south.
4.5 In consideration of the scale of the development and its distance from designated sites, no
negative impacts are anticipated.
Priority habitats
4.6 No priority habitats are found onsite.
4.7 In consideration of the scale of the development and its distance from priority habitats, no
negative impacts are anticipated.
Priority and protected species
4.8 The following priority species (as listed in UK Bap Priority Species list) were present or likely to be
present onsite, or in the vicinity of the site: bats, badger, West European hedgehog and
invertebrates (see table 4).
Bats
4.9 The local records search returned a number of records for bat species (see Table 4).
4.10 There are no features onsite that can be used by bats to roost, and no record of any adjacent
structure with known roosts.
4.11 There is foraging habitat around the site boundary that could be lost depending on final
development plans.
Reptiles
4.12 The local records search returned no records (see Table 4).
4.13 There is no suitable habitat present onsite which could support reptiles.
There should be no negative impact on reptiles as a result of the proposed development.
European otter
4.14 The local records search returned one record for European otter (see Table 4).
4.15 There are no water courses onsite or adjacent to the site.
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4.16 There should be no negative impact on European otter as a result of the proposed development.
Great crested newt (GCN)
4.17 The local records search returned no records for great crested newts (see Table 4).
4.18 There was one granted EPSL for great crested newts 1850m NW of the site.
4.19 Checking aerial imagery and ordnance survey maps, no ponds were found within 500m.
4.20 There should be no negative on great crested newt (GCN) as a result of the proposed
development.
Water vole
4.21 The local records search returned no records for water vole (see Table 4).
4.22 There is no suitable habitat onsite.
4.23 There should be no negative on water voles as a result of the proposed development.
European badger
4.24 The local records search returned one record for European badger in the vicinity of the site (see
Table 4).
4.25 No badger setts were observed to be present onsite, and no evidence of foraging.
4.26 As no setts were found to be present onsite, and as there is no suitable foraging habitat onsite,
there is unlikely to be a negative impact on European badger as a result of the proposed
development.
Western European hedgehog
4.27 The local records search returned 2 records for West European hedgehog in the vicinity of the site
(see Table 4).
4.28 Hedgehogs were not observed onsite during the field survey; however, it is likely that hedgehogs
are present within the onsite boundaries and within the local adjacent habitats.
4.29 In the absence of mitigation there may be a negative impact on West European hedgehog as a
result of the proposed development due to loss of foraging habitat.
Invertebrates
4.30 The local records search returned records for priority species; wall butterfly and dingy skipper
(see Table 4).
4.31 In relation to these, the site offers limited habitat for these species due to no presence of larval
foodplants.
4.32 There is unlikely to be a negative impact on protected invertebrate species as a result of the
proposed development.
Plants
4.33 There were no priority or protected plant species found on site or via the desk top study.
© Tyne Ecology 2021 11ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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4.34 Invasive plants; Japanese knotweed and cotoneaster were found onsite.
Impacts of the proposed development
4.35 Table 8 summarises the impacts of the proposed development on protected species that are or
may be present onsite in the absence of mitigation and habitat enhancements.
Table 8 - Impacts of the proposed development on protected species
Species Negative impact* (plus scale and nature)
Bats Loss of foraging habitat
European otter None.
Great crested newt None.
Reptiles None.
Birds Disturbance.
European badger None.
Western European hedgehog Disturbance.
Water vole None.
Invertebrates None.
Plants None.
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5 CONCLUSIONS AND RECOMMENDATIONS
Designated sites
5.1 The site has no designation.
5.2 There is no connectivity between the site nearby designated site.
5.3 No further action required.
Protected Species
Bats
5.4 No roosting habitat was found onsite.
5.5 Bats have been recorded foraging onsite and there is good foraging habitat onsite and around the
site.
5.6 Any development must include a lighting plan to demonstrate that any exterior lighting proposed
post-development would not have a detrimental effect on bats commuting along the boundaries
of the site, or on any bat roost features incorporated into the buildings.
(https://www.bats.org.uk/our-work/buildings-planning-and-development/lighting)
5.7 Landscaping plans should be developed looking to retain boundary habitats and create habitats
where possible that will result in no loss of potential foraging habitat for bats.
5.8 In the unlikely event any bats are encountered onsite works must be stopped immediately, and
advice sought from the project ecologist.
Reptiles
5.9 No further surveys required.
European otter
5.10 No further surveys required.
Great crested newt
5.11 No further surveys required.
Water vole
5.12 No further surveys required.
Birds
5.13 Vegetation clearance should be undertaken outside the period 1st March to 31st August. If this
timeframe cannot be avoided, a close inspection of trees and scrub should be undertaken
immediately prior to the commencement of works. All active nests will need to be retained until
the young have fledged.
European badger
5.14 No further surveys required.
© Tyne Ecology 2021 13ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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5.15 Any trenches dug should either be covered at night or have a rough sawn plank placed in them to
act as a ramp for any wildlife which may fall in.
Western European hedgehog
5.16 Any trenches dug should either be covered at night or have a rough sawn plank placed in them to
act as a ramp for any wildlife which may fall in.
Invertebrates
5.17 No further surveys required.
Plants
5.18 No further surveys required.
5.19 An invasive species management plan should be prepared for the site to control/eradicate
Japanese Knotweed.
Biodiversity Net Gain/Enhancements
5.20 Local Authorities have a duty under the National Planning Policy Framework to ‘should contribute
to and enhance the natural and local environment’ which includes ‘providing net gains for
biodiversity’5.
5.21 A preliminary Biodiversity Net Gain calculation using DEFRA’s Biodiversity Metric 2.0, shows that
the development could result in a loss of 0.16 habitat units (-72%) and gain of 0.19 hedgerow
units (+115.97%) (see Figure 3).
5.22 This is based on the loss of an area of vegetated land with trees and creation of a native species
rich hedgerow with trees along the western boundary. See table 9.
5.23 To achieve BNG, off-site habitat creation/enhancements may be required, based on current plans.
Table 9 - BNG habitat parameters
+/- Biodiversity Units
Area (ha) / Length (m)
Area (ha) / Length (km) before enhancement
Habitat Retained and
Pre-Development /after enhancement or
Enhanced/Created
creation)
Urban – Developed;
0.16 0 0
sealed surface
Sparsley vegetated land –
0.07 0.01 -0.12
Ruderal/Ephemeral
Woodland – other
0.02 0.01 0.04
woodland mixed
Native Species Hedgerow
0.041 0.036/0.051 -0.02/0.21
with Trees
© Tyne Ecology 2021 14ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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Figure 2 - Preliminary BNG Results
5.24 Bird nesting boxes and bat roosting boxes should be incorporated within the proposed building
and boundary features. A range of types should be used in order to cover a variety of species.
5.25 Details of numbers positions of bat and bird boxes should be determined as the development
plans are finalised, as agreed enhancements for biodiversity.
5.26 Gaps should be made under garden fences to allow hedgehogs to move and forage through the
site.
Overall conclusions
5.27 No further survey work is required for protected species and this PEA survey should be sufficient
to inform the local planning authority of the ecological impacts of the proposed development.
5.28 If all recommendations are followed, then it is possible for the development to be undertaken
with minimal impact on biodiversity.
5.29 This ecological report will remain valid for a period of 2 years from the date of the last survey - i.e.
until Feb 2022. Further surveys may be required to update the site information if planning is not
obtained or works do not commence within this time period.
5https://www.gov.uk/guidance/national-planning-policy-framework/15-conserving-and-enhancing-the-natural-
environment
© Tyne Ecology 2021 15ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal 6 REFERENCES Collins, J. (ed.) (2016) Bat Surveys for Professional Ecologists: Good Practice Guidelines (3rd edn). The Bat Conservation Trust, London. Chartered Institute of Ecology and Environmental Management (April, 2018) Guidelines for Preliminary Ecological Appraisal. CIEEM, Winchester. Institute for Environmental Assessment (1995). Guidelines for Baseline Ecological Assessment. E & FN Spon, Hong Kong. Joint Nature Conservation Committee (2010). Handbook for Phase 1 habitat survey; A technique for environmental audit. Reprinted by JNCC, Peterborough. © Tyne Ecology 2021 16
ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal APPENDIX I: PHASE 1 HABITAT MAP © Tyne Ecology 2021 17
ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal APPENDIX II: PROPOSED DEVELOPMENT PLANS © Tyne Ecology 2021 18
ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal APPENDIX III: DESKTOP RESEARCH Preliminary Ecological Appraisal © Tyne Ecology 2021 19
ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal Preliminary Ecological Appraisal © Tyne Ecology 2021 20
ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal Preliminary Ecological Appraisal © Tyne Ecology 2021 21
ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal Preliminary Ecological Appraisal © Tyne Ecology 2021 22
ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal Preliminary Ecological Appraisal © Tyne Ecology 2021 23
ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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APPENDIX IV: FIELD SURVEY PHOTOGRAPHS
Figure 3 - Looking across the site west to east. Figure 4 – Western boundary.
Figure 5 – Along the west of the site is a raised planter. Figure 6 – South boundary showing wooden fencing
and trees (sycamore).
Figure 7 - North boundary has some overhanging trees Figure 8 – The east of the site has earth banked up and
from neighbouring properties. a boundary beech hedge.
Preliminary Ecological Appraisal © Tyne Ecology 2021 24ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU
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APPENDIX V: SPECIES LIST
To be submitted to the Local Environmental Records Centre.
Site Name: Former Shell Garage, Nevilles Cross Submitted by: Tyne Ecology
Bank, Durham, DH1 4NU
Grid Ref: NZ 26159 42114 Verified by: Tim Sexton
Scientific Name
Common name Number Comment
(if known)
European Rabbit Oryctolagus cuniculus
Robin Erithacus rubecula 1
Woodpigeon Columba palumbus 1
Blackbird Turdus merula
Bluetit Cyanistes caeruleus 1
House sparrow Passer domesticus) 4
Creeping buttercup Ranunculus repens
Creeping thistle Cirsium arvense
Common Ivy Hedera helix
Ragwort Jacobaea vulgaris
Rosebay willow herb Chamaenerion angustifolium
Cock's-foot Dactylus glomerata
Perennial rye grass Lolium perenne
Broad-leaved dock Rumex obtusifolius
Japanese knotweed Fallopia japonica
Preliminary Ecological Appraisal © Tyne Ecology 2021 25ModoBloc Former Shell Garage, Nevilles Cross Bank, Durham, DH1 4NU Document Ref: TE2021- NZ2615942114/PEA/Ver-1.0 Preliminary Ecological Appraisal APPENDIX VI: PLANNING POLICY AND LEGISLATION The following local and national planning policy and both primary and European legislation relating to nature conservation and biodiversity status are considered of relevance to the current proposal. Planning and biodiversity Local Authorities have a requirement to consider biodiversity and geological conservation issues when determining planning applications under the following planning policies. National Planning Policy Framework 2019 The National Planning Policy Framework (NPPF) (Ministry of Housing, Communities and Local Government, 2019) states: Planning policies and decisions should contribute to and enhance the natural and local environment by: (a) protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan); (b) recognising the intrinsic character and beauty of the countryside, and the wider benefits from natural capital and ecosystem services – including the economic and other benefits of the best and most versatile agricultural land, and of trees and woodland; (c) maintaining the character of the undeveloped coast, while improving public access to it where appropriate; (d) minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures; (e) preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability. Development should, wherever possible, help to improve local environmental conditions such as air and water quality, taking into account relevant information such as river basin management plans; and (f) remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate. Legislation and biodiversity Certain species of animals and plants found in the wild in the UK are legally protected from being harmed or disturbed. These species are listed in the Wildlife and Countryside Act 1981 (as amended) or are named as European Protected Species (EPS) in the Conservation of Habitats and Species Regulations 2017. These two main pieces of legislation have been consulted when writing this report and are therefore described in detail within this section. Other relevant legislation and policy documents that have been consulted include - The Countryside and Rights of Way Act 2000; Natural Environment and Rural Communities Act 2006; The Hedgerow Regulations 1997; Biodiversity Action Plans, both UK-wide (UKBAP) and Local plans (LBAPs), and The National Planning Policy Framework (NPPF). Preliminary Ecological Appraisal © Tyne Ecology 2021 26
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There is also legislation that legally protects certain animals - for example, the Protection of Badgers Act
(1992) protects badgers and their setts, and the Deer Act (1991) places restrictions on actions that can
be taken against deer species.
Wildlife & Countryside Act 1981 (as amended)
The Wildlife & Countryside Act 1981 (as amended) [WCA] is the primary legislation for England and
Wales for the protection of flora, fauna and the countryside. Part I within the Act deals with the
protection of wildlife.
Most European Protected Species offences are now covered under the Conservation of Habitats and
Species Regulations (see below), but some ‘intentional’ acts are still covered under the WCA, such as
obstructing access to a bat roost.
The WCA prohibits the release to the wild of non-native animal species listed on Schedule 9 (e.g. Signal
Crayfish and American Mink). It also prohibits planting in the wild of plants listed in Schedule 9 (e.g.
Japanese Knotweed and Rhododendron ponticum) or otherwise deliberately causing them to grow in
the wild. This is to prevent the release of invasive non-native species that could threaten our native
wildlife.
The provisions relating to animals in the Act only apply to 'wild animals'; these are defined as those that
are living wild or were living wild before being captured or killed. It does not apply to captive bred
animals being held in captivity.
There are 'defences' provided by the WCA. These are cases where acts that would otherwise be
prohibited by the legislation are permitted, such as the incidental result of a lawful operation which
could not be reasonable avoided, or actions within the living areas of a dwelling house.
Licensing: certain prohibited actions under the Wildlife and Countryside Act may be undertaken under
licence by the proper authority. For example, scientific study that requires capturing or disturbing
protected animals can be allowed by obtaining a licence – e.g. bat surveys.
The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019
The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 came into force on
the 01/01/2021 and are the principal means by which the EC Habitats Directive is transposed in England
and Wales) update the legislation and consolidate all the many amendments which have been made to
the Regulations since they were first made in 1994.
These regulations provide for the:
• protection of European Protected Species [EPS] (animals and plants listed in Annex IV Habitats
Directive which are resident in the wild in Great Britain) including bats, dormice, great crested
newts, and otters;
• designation and protection of domestic and European Sites - e.g. Site of Special Scientific
Interest [SSSI] and Special Area of Conservation [SAC]; and
• adaptation of planning controls for the protection of such sites and species.
Public bodies (including the Local Planning Authority) have a duty to have regard to the requirements of
the Habitats Directive in exercising their function – i.e. when determining a planning application.
There is no defence that an act was the incidental and unavoidable result of a lawful activity.
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Licensing: it is possible for actions which would otherwise be an offence under the Regulations to be
undertaken under licence issued by the proper authority. For example, where a European Protected
Species has been identified and the development risks deliberately affecting an EPS, then a
‘development licence’ may be required.
Species protection
The following protected species information is relevant to this report. Legislation is only discussed in
relation to planning and development; other offences may exist.
Bats
All British bats are classed as European Protected Species and therefore receive protection under the
Conservation of Habitats and Species Regulations 2017, making it an offence inter alia to:
• Deliberately kill, injure or capture a bat;
• Deliberately disturb bats;
• Damage or destroy a breeding site or resting place of a bat.
In addition, all British bats are also listed under Schedule 5 of the Wildlife and Countryside Act 1981 (as
amended) which contains further provisions making it an offence to intentionally or recklessly:
• Obstruct access to any structure or place which any bat uses for shelter or protection; or
• Disturb any bat while occupying a structure or place which it uses for that purpose.
If proposed development work is likely to destroy or disturb bats or their roosts, then a licence will need
to be obtained from Natural England, which would be subject to appropriate measures to safeguard
bats.
Birds
In the UK, the provisions of the Birds Directive are implemented through the Wildlife & Countryside Act
1981 (as amended), the Conservation of Habitats and Species Regulations 2017. All wild birds, their
nests and eggs are protected it an offence to:
• kill, injure, or take any wild bird;
• take, damage or destroy the nest of any such bird whilst it is in use or being built; or
• take or destroying an egg of any such wild bird.
The law covers all species of wild birds including common, pest or opportunistic species.
Special protection against disturbance during the breeding season is also afforded to those species listed
on Schedule 1 of the Act.
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