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Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
LAND AT
EARLSMEAD
THE STREET
MILEHAM NORFOLK
PROTECTED SPECIES ASSESSMENT
On behallf of : Orchard Homes
Author :: Miick Fiinnemore
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Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
Land at Earlsmead
The Street Mileham
Norfolk
* Protected Species Assessment March 2011*
1.0 INTRODUCTION
1.1 Brief
Mick Finnemore was approached by Neil Binks (Orchard Homes) to carry out
a protected species assessment of the above land. The survey was at the
request of the Breckland council after Great Crested Newts (GCN) had been
reported to be in the area by a local resident.
A site survey was carried out on the 30 March 2011 by Mick Finnemore and
Phil Jones to assess the presence or absence of great crested newts and the
effect of the proposed development on them. A report detailing the findings
was compiled by Mick Finnemore.
Great crested newts are a species protected under both British and European
legislation.
1.2 Site Location
Earlsmead is located approximately 9.5km directly north-west of Dereham in
the centre of the village of Mileham in the Breckland district of Norfolk.
1.3 Site Description
The proposed development land is approximately 6000 2 m in extent and
comprises species poor horse grazed grassland.
It is surrounded on three sides by residential properties although to the north it
is open to grazed pasture then arable fields. Situated at c90m and c95m to the
east and c140m to the north were three former farm ponds.
1.4 Great Crested Newt Legislation
The Great Crested Newt (GCN) is protected through the Wildlife and
Countryside Act (1981), Habitat Regulations (1994) and Countryside Rights
of Way Act (2000). In essence this legislation prohibits the following:
intentional disturbance or harm,
reckless damage to a breeding site or resting place or a place used for
shelter and protection
intentionally obstructing a place used as shelter
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Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
2.0 METHODOLOGY
2.1 Building Survey
All adjacent habitats were surveyed using the following methodology: -
(a) Great Crested Newts. This consisted of an initial desktop assessment
looking at Google Earth, Emap Explorer, 1:25000 OS map and Magic.gov
followed by a walk over assessment of the habitats present (both aquatic
and terrestrial) based on c15 years (MF) working knowledge of the species
under the current English Nature license No 2011 0687 and as a committee
member of Norfolk Amphibian and Reptile Group (NARG)
Phil Jones, who has c4 years experience, acts as an agent on the above
license.
A Habitat Suitability Index (HIS) was compiled and should this indicate
suitable breeding habitats being present then further surveys in line with the
present guidelines may be necessary.
2.2 Weather
The weather on the initial survey 30 March 2011 was warm and sunny with a
maximum air temperature of 10 0 c, with a light south-westerly wind. (1 – 2
Beaufort)
2.3 Limitations of Surveys
The timing of the surveys was considered optimal.
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Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
3.0 RESULTS
3.1 Aquatic habitats
Two ponds were recorded within
100m of the proposed
development; Pond A, B with a
third, pond C at c140m.
Pond A, the nearest to the
proposed development at c90m
to the east was located in the
garden of a residential property.
It measured approximately
300m 2 by approximately
c600mm of deep half of which
was accumulated sediment and
leaf litter. (See top right)
It was heavily shaded by trees
(Weeping Willows, Sycamore
and Conifer) and ornamental
shrubs and contained no aquatic vegetation at all. The water quality was poor
with no invertebrates being recorded.
A habitat suitability index = 0.462 indication a poor habitat for breeding
GCN.
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The owners of the property reported
regularly finding adult GCN under
flower pots etc.
Pond B was located approximately
c95m to the east of the proposed
development and was also in the garden
of a residential property although on the
opposite side of The Street. (See left)
It measured approximately 200m 2 . It
was also relatively heavily shaded by
numerous mature trees and contained
limited aquatic vegetation and inverts
such as hog louse, boatmen and
bloodworms.
A habitat suitability index = 0.478
indication a poor habitat for breeding
GCN.
Pond C was located approximately 140m to the north of the proposed

Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
development and measured approximately 750 m 2 access was not gained for
survey purposes.
3.2 Terrestrial habitats
Pond A was surrounded by excellent
foraging/hibernation habitats
consisting tree roots and riven stone
slabs etc. (See right)
Pond B contained abundant tree
roots but was surrounded by mown
lawns.
Pond C was surrounded by rough
pasture.
The proposed development site itself
had up until quite recently been
recently grazed by 3-4 horses and
therefore consists of mainly bare
ground with a sparse grass cover
along with areas of nettles where the
horse dung had been stored in the
past and contained species indicative of heavily poached grasslands. (See left)
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Former agricultural buildings
had been removed from the site
prior to purchase by the outgoing
resident. An area had been
disturbed during the removal of
Japanese Knotweed. (A
Notifiable Weed)
To the south of the proposed
development site is the existing
1960’s bungalow which is
surrounded by closely mown
lawns. Set in the lawn close to
the southern boundary wall was a
small raised patio with a loose
un-mortared brick surround,
during a destructive search two
immature GCN’s together with
approximately 10 immature
Smooth Newts were recorded.
Several other suitable refugees
were checked along with slabs forming a patio adjacent to the southern aspect
of the bungalow however these were thought to have limited GCN potential.

Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
4.0 INTERPRETATION OF RESULTS
4.1 Introduction (GCN)
Great crested newts use a variety of habitats throughout the year but only use
the aquatic environment for approximately 4 months from late February
through to June. The remainder of the time they are to be found foraging in
rough pasture and sheltering under bricks, rubble or logs and under the
footings of old barns and buildings. It is true to say that the immature GCN’s
which may take 3-4 years to mature probably live in low numbers almost
everywhere where they occupy a relatively small foraging area.
Whilst GCN’s were recorded by the owners in the garden around Pond A the
condition of the pond would indicate a poor breeding environment due to little
prey items and the lack of egg
laying vegetation such as water
forgetmenot.
Whilst GCN are occasionally found
in such ponds breeding may only
occur in low numbers. It is
considered that the roadside wall
effectively forms a barrier along
which they move until they find
suitable brick or log piles in which
to shelter.
4.11 Interpretation of Results
The heavily poached grassland with
large areas of bare ground and
regularly mown lawns such as those
found at the development site and
around the existing bungalow are
not a preferred foraging habitat for
GCN’s due to the lack of structure
and limited invertebrate life, they also offer the newts no shelter whilst ranker
areas and tree roosts exist along the roadside wall in the neighbouring gardens.
Therefore using the principle of ‘reasonable likelihood’ it is considered
unlikely that a European Protected Species (EPS) license will be necessary for
the development to commence based on the following rationale:-
No breeding pond will be damaged or lost.
No foraging habitats will be damaged or lost.
No shelter/hibernation habitats will be damaged or lost
The area where the immature newts were found will be carefully rebuilt using
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Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
clean bricks and flints plastic sheeting (DPC) (by licensed personnel) to
become a permanent feature (hibernacula) in the south-eastern part of the
garden and a hedgerow of native shrubs will be planted along the roadside.
This and the new hibernacula will ensure that suitable conditions for newts
exist for the future.
The conditions contained in the method statement are to be strictly adhered to
and be displayed in the site office along with the contact telephone number of
the consultant ecologist.
Whilst access to Pond C was not gained it was c140m away and therefore
outside of the 100m zone suggested by the latest Natural England ‘standing
advice’ and would have no significant effect on the proposed development.
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Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
5.0 RECOMMENDATION
5.1 To ensure that areas of lawns remain unsuitable for the newts it should be
mown weekly both up to and during the development but leaving the current
area of ranker grassland adjacent to the wall. (c2m width) which will be
planted in the next available planting season (Autumn 2011)
5.2 Enhancement – Great crested newts
5.2.1 Introduction
Under the Natural Environment and Rural Communities Act 2006 bio-
diversity has to be taken into consideration at all levels of planning and this
has been interpretated as a series of wildlife enhancements.
Our wildlife and especially newts use hedgerow and other corridors such as
ditch lines where coarse vegetation exists along which to move, and often a
fragmented hedgerow can cause an obstruction to that movement. Therefore to
ensure both a unmown corridor and foraging habitat exists a native species
hedgerow 50m in length will be planted along the roadside wall using species
found in the following table.
ENGLISH NAME LATIN NAME %
Hawthorn Crataegus monogyna 75
Blackthorn Prunus spinosa 15
Hazel Corylus avellana 5
Field Maple Acer campestre 5
Dogwood Cornus sanquinia 2.5
Guelder Rose Viburnum opulus 2.5
The transplants should be planted on staggered rows at 5 per metre and
protected from rabbit damage via the use of spiral rabbit guards and be well
watered especially during the initial planting period and summers and weeded
annually for the first 2 years. They can be selectively coppiced afterwards to
ensure a low bushy growth.
5.3 Follow-up Visits – GCN
Further site visits to ensure all rubble piles are checked by licensed personnel
and to build the hibernacula.
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Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
6.0 APPENDIX
6.1 Review of GCN Ecology
Introduction
Whilst considered an aquatic creature newts in fact only use the pond
environment for a short period every year to breed. They leave their winter
hibernation site in late February when the evening air temperature is above
about 5 0 c and enter suitable breeding ponds, the males first later followed by
the females and immature.
A good breeding pond is not too shaded with a good invertebrate life and
abundant vegetation growing in shallow edges especially species such as water
mint and water forgetmenot. These soft leaved plants are chosen by the female
GCN for egg laying and each egg is carefully attached and the leaf is the
folded to form a protective envelope. Hatching is weather dependant so warm
sunny shallows are often a favoured place. The young newts – efts – are
vulnerable to predation at this time by fish and large water beetles etc
therefore a fishless pond is most important and one which occasionally dries
out – therefore a group of ponds in a particular habitat are important.
By mid/late July many of the adult newts will have left the pond and will be
found in pasture or woodland edges with abundant cover and places such as
tree roots and log piles for shelter whilst this is often used around the pond
GCN have been known to move considerable distances away from it. As
autumn approaches the young newts will also leave the pond perhaps
following scent trails left by the adults and will live in the locality for 2-4
years before visiting the pond as an immature newt. At the onset of winter the
newts seek a hibernation site beneath brick piles or the foundations of barns
and other old building away from the winter frosts.
6.2 Bibliography
Great crested newt mitigation guidelines English Nature 2001
Great crested newt conservation handbook Froglife 2001
Opportunities for amphibians and reptiles in the designed landscape No 30
English Nature Science Series 1997
Conservation and management of Great crested newts No 20 English Nature
1994
Guide to the reptiles and amphibians of Britain and Ireland AIDGAP Field
Studies Council
Great Crested Newts and Development Guidance for Development Control
Officers Natural England East Region
6.3 Useful Contacts
Emma Crick Natural England Suffolk and Norfolk Team , Government
Buildings, 100 Southgate Street, Bury St Edmunds, Suffolk, IP33 2FE Tel:
0300 060 2493
Wildlife Administration Unit DEFRA Burghill Road Westbury – on Trym
Bristol BS10 6NJ Tel 0845 6014523
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Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
Mick Finnemore (Ecologist) Laurel Cottage Pottergate Street Aslacton
Norfolk NR15 2JU Tel 01508 531233 Email micky.finn@virgin.net
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Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
APPENDIX I
METHOD STATEMENT
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Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
METHOD STATEMENT
1. All open trenches, footings, and pipe runs should be covered with shuttering ply
overnight and the edges sealed with damp sand.
2. All open gaps between walls and adjacent earth should be sealed with earth or
sand and rechecked after periods of rain.
3. All caustic materials (cement lime plaster etc) should be mixed on tarpaulin and
folded at night or on the floor or on the floor of a sealed building.
4. No caustic material should be allowed to contaminate the adjacent ground or
allowed to form run-off which may contaminate the adjacent pond.
5. All materials should be stored on areas of barge ground/shingle and NOT on areas
of vegetated ground or stored off the ground on pallets.
6. All piles of rubble and spoil should be removed from site and not left during late
summer – winter to form hibernacula for newts etc.
7. All waste materials to be stored in skips resting on areas of shingle or hard
standing.
8. Keep vegetation around the buildings to be developed short to discourage use by
amphibians.
9. No materials to be burnt on site except in the designated area. All material should
be burnt by the end of the day.
10. If any great crested newts are discovered during the redevelopment then work
should stop immediately and the consultant informed.
11. If in any doubt contact the consultant - Mick Finnemore (Tel 01508 531233)
NOTE: A copy of this method statement should be on view in the site office.
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Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
APPENDIX II
HISTORICAL GCN RECORDS
FOR THE LOCALITY
(NARG 2011)
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Final Report – March 2011 Land at Earlsmead Mileham – Protected Species Assessment
Great Crested Newt Records for the Milham area (NARG - 2011)
Taxon Vernacular Site Gridref VC Qty Date Recorder Method Comment
Triturus cristatus Warty Newt / Great Crested Newt East Bilney - Wood TF960190 28 1m 16 May 2003 Philip Parker Field record / observation
Triturus cristatus Warty Newt / Great Crested Newt East Bilney - Wood TF960190 28 2f 16 May 2003 Philip Parker Field record / observation
Triturus cristatus Warty Newt / Great Crested Newt East Bilney - Wood TF960190 28 3f 25 May 2003 Philip Parker Field record / observation
Triturus cristatus Warty Newt / Great Crested Newt East Bilney - Wood TF960190 28 1f 07 Jun 2003 Philip Parker Field record / observation
Triturus cristatus Warty Newt / Great Crested Newt (Herps) Brisley TF9521 28 0 1961 u 0 recorded from pond at Brisley Green and
general area.
Triturus cristatus Warty Newt / Great Crested Newt (Herps) Brisley TF9521 28 0 14 May 2005 u 0 No other details available when input.
I suspect that this is the same record as 229 by Miss D.M.Maxey - JGG
Triturus cristatus Warty Newt / Great Crested Newt (Herps) Beeston with Bitte TF944168 28 17 02 Apr 1988 u 0 caught with net & released.
Triturus cristatus Warty Newt / Great Crested Newt (Herps) Tittleshall TF909209 28 1 30 Mar 1983 u 0 at Eastfield Wood.
Triturus cristatus Warty Newt / Great Crested Newt (Herps) Brisley TF9421 28 0 18 May 2005 u 0 recorded in 1965 and since.
Triturus cristatus Warty Newt / Great Crested Newt (Herps) Tittleshall TF9021 28 0 18 May 2005 u 0 in Eastfield Wood in water
tanks and on other side of road.
Triturus cristatus Warty Newt / Great Crested Newt (Herps) Stanfield TF9320 28 0 1987 u 0 came into house and found in garden
esp. autumn at High Farm, Stanfield, NR20 4JD. House now for sale (Will H. Brown, Dereham) Mrs Bryan now concerned for newts with new owner.
Triturus cristatus Warty Newt / Great Crested Newt (Herps) Brisley TF9520 28 0 22 Jun 2005 u 0 Record from John Buckley. In
ponds on land
Triturus cristatus Warty Newt / Great Crested Newt (Herps) Mileham TF920195 28 0 26 Jun 1905 u 0 A deep ditch and pond which
border our property contain a sizeable population of GCN. Last summer the offspring were so abundant that it was impossible not to catch several at a time when cleaning blanket
weed. In addition several colonies of smooth newts, plus toads and frogs. I hope this is of sufficient interest to register the GCN as a protected species in this location. The pond is on
Council land though the ditch is on mine.
Triturus cristatus Warty Newt / Great Crested Newt (Herps) Pipeline Pond 034 TF913210 28 10 06 Mar 2003 Ian Tanner Field record / observation
Breeding
Triturus cristatus Warty Newt / Great Crested Newt (Herps) Pipeline Pond 041 TF929219 28 1 07 Mar 2003 Ian Tanner Field record / observation
MapMate: 10:03 Thu 24 Mar 2011
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