EPS licence compliance

Consultant ecologists apply for European Protected Species (EPS) licenses on behalf of their clients, who are the actual licensee.

Since 21st November 2007 a new offence was introduced for non-compliance with any EPS licence issued after that date. Failure to adhere to the terms of the licence (which includes the Method Statement, e.g. the mitigation measures proposed, the management prescriptions and commitment to post development monitoring) will result in enforcement action being taken against the licensee. A person found guilty of an offence is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 (currently £5,000 per offence) on the standard scale, or to both.

Please contact our Ecology Team if you have any questions over licence compliance or the licensing process.

 

Winter Management

Winter is the ideal time to manage vegetation, in avoiding the bird nesting season. Providing that consideration is given to other protected species, vegetation cutting and clearance should be undertaken now to minimise potential delays during the spring and summer. The nesting season is not defined in law, but generally taken as March to August, inclusive. However, a mild spring can see nesting starting in February.

Development sites can take a while to reach fruition, whilst they go through the planning system. Whilst they do, we strongly recommend that the management of sites is kept up – grassland, arable land and hedgerows should continue to be managed as they have been. Allowing rough grassland or set-aside to develop can result in habitats suitable for protected species, such as reptiles and great crested newts. This can lead to translocation exercises costing tens of thousands of pounds, as well as introducing weeks or months of delay to project timetables.

For any advice regarding vegetation clearance and management, please contact our Ecology team.

 

Worksafe Contractor Membership Certificate

We are pleased to announce that we have been re-awarded our Worksafe Contractor Membership Certificate.

This has been re-awarded by SMAS (Safety Management Advisory Services) and certifies that ACDs work processes are undertaken inline with: The Health and Safety at Work Act etc 1974 The Construction Design & Management Regulations 2007 The Management of Health & Safety at Work Regulation 1999

A copy of our certificate is available here, should you require it for your records.

 

Trees and houses co-exist!

Interesting story from the BBC published today (link), goes to show that with the right support and backing trees, and not just a few- but a forest, can be integrated into new developments. This is of course, something that we have know for years, but in the more urban areas, pressure for space and houses can take precedent over existing landscape. Trees provide numerous benefits to residential, and commercial areas and their inclusion within schemes also adds value to the properties.  Food for thought…

 

Planning Policy Guidance Review – Development in sustainable locations?

The Tory peer Lord Deben perpetuates the PPG reform myth that ‘swathes of the countryside will be ruined’, which Lord Rogers blathered on about on the radio last week as well. The CPRE and National Trust have opposed the simplification of our planning process to even higher profile. But surely, the simple catch-all is that development has to be sustainable, and few greenfield sites are?

All of the other planning and environmental tests are still in place in the proposed reform and whilst I have some sympathy with Lord Deben’s desire for a brownfield/greenfield sequential test, it really isn’t as bad as the lobbyists and press would have us believe.

 

Canopies and RPAs

Just a quick note to remind you all that the canopies of tree’s do not necessarily represent the root protection area (RPA). This is a very common misconception which leaves to confusion throughout the planning process.

The RPAs are calculated using a formula based on trunk size, as this is a fair indication of the volume of the tree, both above and below ground. As you know, some trees have narrow canopies (lime, poplar, wellington, etc), and some broad (oak, beech, plane…). It is essential for canopies and RPAs to be accurately represented early on in the design process and mirrored on all working drawings. This avoids poorly positioned buildings, road, service runs, etc. and the costs associated with re-designs.

Similar trunk size but note the narrow canopy on the poplar (right).

 

Natural England withdraw recent reptile advice

We reported in October 2011 that Natural England was stepping up its requirements for additional reptile surveys, in our blog ‘Scaling Up- Mitigation for Reptiles’. However Natural England have just announced that they are withdrawing the advice which they recently published entitled ‘Reptile Mitigation Guidelines’.

A revised edition is due to be published before the start of the 2012 active season for reptiles. This leaves quotes for and the design of surveys or mitigation strategies in a bit of limbo, as the Reptile Mitigation Guidelines did depart from previous survey methodology guidance in some significant ways.

Please talk to our ecology team for advice, as a flexible approach will be needed until the new version of the guidelines are published.

Click here for further information.

 

 

Neighbourhood Plans – all set to disappoint?

Neighbourhood Plan are being heavily promoted in the Localism Bill and in the emerging National Planning Policy Framework, the latter a battle ground for those trying to achieve the moral high-ground through growth stimulation v environmental protection.

I suspect however, that Neighbourhood Plans, once they finally started to be produced, will leave a lot of people disappointed, not least for lack of funding for them. Furthermore, whilst neighbourhood plans are intended to shape and direct development in their area, it is clear that they will have to conform with the strategic policies of the Local Plan. So, whilst a neighbourhood plan can be made and should take precedence over existing policies in that neighbourhood, they are specifically designed to allow increased housing development, rather than a reduction in housing numbers.

To reach the light of day, the neighbourhood plan will need to be assessed by an independent examiner and will need to be consistent with the National Planning Policy Framework and conform with the strategic policies in the Local Plan, so you might get a dedicated set of landowners promoting their holdings for development, but you are unlikely to see Councils successfully reducing housing numbers in their Parishes.

 

Vertical Forests – wrong on so many levels…

Plans for ‘Bosco Verticale’ ( vertical wood) in the form of two apartment blocks in Milan incorporating 900 trees, from 3m to 9m in height, plus thousands of shrubs and plants in balcony planters, are due for completion in 2015. They are supposed to produce humidity, absorb CO2 and dust particles, produce oxygen and shield the building from traffic noise. The designers say that the plants will provide shade in the summer and allow more light in the winter, after they have shed their leaves.

There are a few misconceptions there and, whilst it sounds good for seasonal change, the best Italian balcony plants tend to be evergreen. Now, the Italians have some of the loveliest balconies in the world, I grant you, but this concept has so many pitfalls, it is an accident waiting to happen. Roof-gardens and landscaped balconies are a fantastic addition to townscapes, but we are in the business of sustainable landscape, not causing future maintenance problems – the architects have abandoned plans for a maintenance rig on the outer face of the apartments and are now looking at ‘garden-freeclimbers’ instead…

Love the concept, but it just doesn’t stack up, with irrigation, structural loading, maintenance and health & safety issues making it wrong on so many levels!

 

Play that doesn’t cost the earth

Play area designs have changed drastically in the last few years, with standards and approaches to play schemes have changed throughout the industry. We know that many of our clients still worry about the financial implications of providing a Local Equipped Area for Play (LEAP) on residential development sites, as a LEAP could add a minimum of £45,000 to a project with the majority of that fund being spent on the fencing!

There is a movement towards providing Nature Play or Natural Play Areas, with many Local Planning Authorities requesting this type of play area and facility. These areas provide more natural play experiences rather than traditional ‘slide and swings’. These areas can include structures such as earth mounds, ditches, gravel beds, sensory planting, boulders, stepping stones and tunnels to provide the six play experiences which are outlined in standard play creation guidelines. We have many designed examples that cost as little as £15,000. This reduction is due to the fact that formal pieces of play equipment are not necessarily required and that the area only requires fencing when safety is an issue. The removal of these items from the budget offers significant savings and removes items that LPAs consider cause anti-social behaviour.

Therefore there is no need to panic if you find that you have to deliver a LEAP as part of a development where budgets are tight as an ACD designed Nature Play Area could be the solution.