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GCN mitigation query

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sussexecology View Drop Down
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    Posted: 16 Jul 2011 at 8:26pm
Hi all
 
I just wanted some advice on whether a great cresed newt survey and mitigation is required in this instance.
 
Client has informed me that a survey was done last year,but can't provide any details to me, and apparently they found nothing. However, data suggests that there are established populations in the area, and recent data too.
 
The work would involve creating a driveway through a gap in a hedgerow that is 2 m x 1 m but no ground works involved such as digging or ground disturbance. It would really involve utting building materials on top of the ground such as gravel, shingle, etc so not really disturbing the habitat too much.
 
My question is whether we would need to apply for a licence as it is possible that newts could forage along the hedgerow and the work could potentially result in an offence as obstruction or disturbance of great crested newt habitat.  It is such a small area that they would like to develop and the rest of the hedgerow is going to be retained. There is already a suitable gap in the hedgerow so no need for veg clearance, in fact they had already felled a tree before we came and assessed the site.
 
Any ideas on how to mitigate this and whether we would need to do a terrestrial search for foraging newts along this hedgerow?
 
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Noodles Quote  Post ReplyReply Direct Link To This Post Posted: 17 Jul 2011 at 8:56am
Why can't the client provide details of the previous survey. I'd be chasing this up first.

Secondly it depends on how near the pool is really. NE accept disturbance to small numbers of newts, without licence, but this is somewhat dependent on the population size (but as a minimum 5 individuals). They even state that harmful risks to a few individuals outside the core area of habitat is acceptable. Core habitat requires defining on a site by site basis however.

A fingertip search of the works area may well be applicable and some habitat enhancement (key in my opinion to offset risks in the long term). However creating a driveway is not just a case of dumping gravel and shallow excavations are generally required. What is the habitat like for the remainder of the driveway? I infer unsuitable? 

If unsure run through the legislation and ascertain if timing the works and other best practice methods can avoid impacts. 

I would expect that it is entirely possible for such a small area of works (to good habitat), under good practice, not to require licence but it does depend. I'd give NE (and possibly the county ecologist) a ring if you are still unsure, you might be able to get some idea of what they think!   

Without knowing the site it is probably inappropriate for me to give you a definitive answer.

Cheers 
Rob 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote MancD Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jul 2011 at 6:16pm
Handy link on NE's website regardling legal stuff for European Protected Species
 
 
The "disturbance of a significant group of animals" was in the 2007 Habs Regs changes and was removed in 2009. The <5 or <10 disturbance limits in relation to Great Crested Newts were also removed then.
 
Irrespective of all of that, the offences make it illegal to deliberately capture a great crested newt (to move it out of the way as part of a hand search for example), or to damage or destroy a resting place.
 
As Rob says above, then, it's mainly dependent on the population, distance of the area from the ponds, and the time of year. If it's compacted ground and there are no cracks or voids etc, it may be possible to do it in the depths of winter when nothing is moving around, and then a licence probably won't be needed. Provided that the works you're doing won't create a barrier to dispersal that is...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Noodles Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jul 2011 at 10:32am
Well i never, thanks for that MancD. I had assumed that since it remains on their website it is still pertinent and relates to affecting significantly the local distribution or abundance of GCNs.

I need to get my sh*t together!
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sussexecology View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sussexecology Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jul 2011 at 9:30pm
Originally posted by MancD MancD wrote:

Handy link on NE's website regardling legal stuff for European Protected Species
 
 
The "disturbance of a significant group of animals" was in the 2007 Habs Regs changes and was removed in 2009. The <5 or <10 disturbance limits in relation to Great Crested Newts were also removed then.
 
Irrespective of all of that, the offences make it illegal to deliberately capture a great crested newt (to move it out of the way as part of a hand search for example), or to damage or destroy a resting place.
 
As Rob says above, then, it's mainly dependent on the population, distance of the area from the ponds, and the time of year. If it's compacted ground and there are no cracks or voids etc, it may be possible to do it in the depths of winter when nothing is moving around, and then a licence probably won't be needed. Provided that the works you're doing won't create a barrier to dispersal that is...
 
Thanks for this.
 
The barrier to dispersal is the one thing that I am concerned about because the hedgerow is such good habitat for foraging newts,and the habitats are pretty much connected together.
 
The ground is compacted and as far as I know there aren't any cracks so not a problem with hibernating animals. The tree stump will be ground down before September, (the tree was felled recently).
 
The distance from the nearest pond is about 300 m but there have been records of GCN within 250 m of the site. I don't know if these were recorded from ponds, but guessing that they would be. The data from the desktop study seems to indicate that GCN are present within the general area and have been recorded from a few sites nearby. I don't have any data on population densities but from the records I would say that it looks pretty good.
 
Thanks for the link too
 
It would normally be flagged up if there is a reasonable likelihood of them being there and affected by the development. I think this one meets both of those requirements as there is definately a strong likelihood of them being present and using the hedgerow. If they are using the hedgerow at the moment, and we put a barrier in the middle, then they would be affected by the development too.
 
Will keep you posted
 
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