162435 — 21/00483/CON | Planning Portal IoM

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1 Callow, Jo (DEFA) From: Costain, Sophie (DEFA) Sent: 20 May 2021 16:22 To: DEFA, Planning Subject: PA 21/00483/CON - Registered Building consent for demolition elements to PA 21/00300/B Attachments: Laxey Flood Alleviation PEAR Final amended version.pdf Good afternoon

RE: PA 21/00483/CON - Registered Building consent for demolition elements to PA 21/00300/B

Please see the below response from the Ecosystem Policy Team in regards to PA 21/00300/B, which also relates to this application, and the attached PEA undertaken by the Manx Wildlife Trust which is referred to.

As our response was not considered for PA 21/00300/B, we request that the below requested conditions are implemented for this application.

Best wishes

Sophie

Miss S Costain, Ecosystem Policy Officer Department of Environment, Food & Agriculture, Thie Slieau Whallian, Foxdale Road, St Johns, Isle of Man, IM4 3AS Tel +44 (0)1624 685963 Mob +44 (0)7624 431301 Fax +44 (0)1624 685851 Email [email protected] or [email protected] Website: www.gov.im/defa DEFA - working for a clean, safe, healthy, attractive and vibrant environment which will be enjoyed by present and future generations alike.

Our Island, Our Environment, Our Future.

A special place for people and nature Boayl er-lheh son sleih as najoor

WARNING If you are not the intended addressee of this e-mail, you must not copy or deliver it to anyone else or use it in any unauthorised manner.

From: Costain, Sophie (DEFA) Sent: 11 May 2021 10:03 To: DEFA, Planning Subject: PA 21/00300/B - Alteration to weir & 21/00298/B - Construction of flood protection walls, Laxey

Good Afternoon

RE: PA 21/00300/B - Alteration to weir & 21/00298/B - Construction of flood protection walls, Laxey

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2 The Ecosystem Policy Team can confirm that the Preliminary Ecological Appraisal Report Dated March 2021 undertaken by the Manx Wildlife Trust (attached) is all in order and a suitable level of assessment has been undertaken. This report covers the work to be undertaken as applied for in PA 21/00300/B & 21/00298/B and therefore this response covers both applications.

In order to ensure that the required ecological mitigation measures for fish, birds, bats, dark-bush cricket, aquatic invertebrates, bryophytes, common lizards and common frogs are fully adhered to, we request the following conditions on approval:

Prior to the commencement of works a Construction Environmental Management Plan, which details the measures to be taken to protected the watercourse, surrounding habitats and species, including the mitigation measures contained in table 5.1 of the PEA which includes Precautionary Working Method Statements, and Reasonable Avoidance Measures for fish and aquatic invertebrates, should be submitted to Planning for written approval.

Prior to the commencement of works a suitably qualified Ecological Clerk of Works must be appointed who is contracted for the duration of the works to provide ecological guidance to workers, oversee all protected species and habitat work, ensure compliance with relevant working methods statements and legislation and for the regular monitoring and inspection of works.

Best wishes

Sophie

Our Island, Our Environment, Our Future.

A special place for people and nature Boayl er-lheh son sleih as najoor

WARNING If you are not the intended addressee of this e-mail, you must not copy or deliver it to anyone else or use it in any unauthorised manner.

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Consultancy Services Ecological Advice & Solutions

Laxey River Flood Alleviation Works

PRELIMINARY ECOLOGICAL APPRAISAL REPORT

March 2021

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MWT Consultancy Laxey Flood Alleviation PEAR

Control sheet

Manx Wildlife Trust: 7-8 Market Place, Peel. Isle of Man. Job number: MWT 21_13 Title: Laxey River Flood Alleviation Works - Preliminary Ecological Appraisal Report Client: Isle of Man Government Department of Infrastructure (DoI) Prepared by: Adam Denard Verified by: Sarah Hickey Date of Issue: March 2021 Version: 1 Revisions: 1 Status: FINAL

This report is prepared by Manx Wildlife Trust Consultancy for the sole and exclusive use of the Department of Infrastructure and their contractors in response to their particular instructions. No liability is accepted for any costs, claims or losses arising from the use of this report or any part thereof for any purpose other than that for which it was specifically prepared or by any party other than the Department of Infrastructure. Any biological records for wildlife found in survey will eventually be submitted to Manx Biological Recording Partnership. This report does not prevent MWT pursuing its charitable objectives in relation to planning.

This report has been prepared by an environmental specialist and does not purport to provide legal advice. You may wish to take separate legal advice.

The information which we have prepared and provided is true and has been prepared and provided in accordance with the BS42020 2013 and Chartered Institute of Ecology and Environmental Management’s Code of Professional Conduct and guidelines for preliminary ecological appraisals (CIEEM 2017). We confirm that the opinions expressed are our true and professional bona fide opinions.

       Signed (Author)                                                                                     Signed (QA)
   Electronic Signature                                                                                Electronic Signature

       Adam Denard

Sarah Hickey

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MWT Consultancy Laxey Flood Alleviation PEAR

Executive Summary

A Preliminary Ecological Appraisal Report has been produced using best industry practice to assess the potential ecological impacts from proposed flood alleviation works on a 600m stretch of river in the village of Laxey on the east coast of the Isle of Man.

Key ecological features in need of mitigation are:

• Fish species - including IUCN ‘Critically Endangered’ European Eel Anguilla anguilla • Aquatic Invertebrates • Dark Bush-Cricket • Bats (Roosting, foraging and commuting) • Breeding birds • Protection of Laxey Bay Marine Nature Reserve Additional recommendations are provided on a precautionary approach to species of low likelihood of occurrence.

Further survey is recommended for foraging activity of bats.

In accordance with Isle of Man Government strategy, recommendations for achieving ‘no net loss’ of biodiversity and potential ‘net gain’ are provided.

Biographies

Sarah Hickey MRes is an ecologist with several years’ experience in baseline ecological survey and assessment and specialist protected species surveys for bats, common lizard and common frog. Sarah holds a master’s degree in Research in the Natural Environment from the University of Edinburgh and has contributed to the Independent Climate Action Report for the IOM Government (Appendix 10 (a) Peatlands).

Adam Denard BSc (Hons) has been a professional ecologist for over 10 years, with particular emphasis on recording and assessing habitats in England and the Isle of Man for their potential to support protected species. Adam regularly produces professional ecological reports within the Isle of Man planning system for ecological appraisals, mitigation plans and specialist protected species surveys. Adam holds DEFA government licences for bats, common lizard, common frog, barn owl and dark bush-cricket.

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MWT Consultancy Laxey Flood Alleviation PEAR

Contents

1.0 Introduction ... 5 2.0 Methodology ... 6 3.0 Results ... 7 4.0 Potential Impacts on Ecological Features ... 20 5.0 Recommendations ... 23 References

APPENDIX I: Scheme of works location map ... 28 APPENDIX II: Proposed work design plans ... 31 APPENDIX III: MBRP biological records distribution map ... 33 APPENDIX IV: Designated sites distribution map ... 34 APPENDIX V: Laxey Bay MNR citation ... 35 APPENDIX VI: Habitat Features Map... 36 APPENDIX VII: Schedule 8 plant species location map...37 APPENDIX VIII: Walkover survey species list... 38 APPENDIX IX: IoM Environment Planning Policy ...40

Glossary

ASSI Areas of Special Scientific Interest BCT

Bat Conservation Trust BoCC Birds of Conservation Concern CEMP Construction Environmental Management Plan DEFA Department for Environment, Food and Agriculture DoI

Department of Infrastructure LWS

Local Wildlife Site MBG Manx Bat Group MBL Manx BirdLife MBRP Manx Biodiversity Recording Partnership PRA

Preliminary Roost Assessment PRF

Potential Roost Feature PWMS Precautionary Working Method Statement RAMs Reasonable Avoidance Measures SAC

Special Area of Conservation SPA

Special Protection Area

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MWT Consultancy Laxey Flood Alleviation PEAR

1.0 Introduction

1.1 MWT Consultancy were commissioned by the Department of Infrastructure (DoI) to undertake a Preliminary Ecological Appraisal Report (PEAR) of a stretch of the Laxey River in relation to proposed phased works to provide flood alleviation measures to the surrounding settlement of Laxey village in the Isle of Man (centroid OS Grid ref SC435842). This report is to form the ecological element of a planning application for the proposed scheme that is projected to commence in May 2021.

1.2 The following PEAR combines the results of a desk study and walkover survey to assess the baseline ecological value of the site, outline the key constraints and mitigation required and provide opportunities for ecological enhancement. In line with best practice the PEAR also considers the need for further survey and any additional requirements to inform any future Ecological Impact Assessment (EcIA).

1.3 This report is valid for 12 months, after which a re-survey and assessment may be required.

Site description

1.4 The survey site is a 0.6km stretch of the Laxey River approximately 0.5km from the coast where it enters the Irish Sea on the east coast of the Isle of Man. The course flows through the built landscape of the lower Laxey village with businesses, private houses and gardens bordering the eastern roadside bank and a continuous broadleaved woodland corridor to the west.

1.5 In addition to the channel, the survey includes small pockets of the woodland strip adjoining the west bank for areas where felled trees are to be removed and potential storage areas for heavy plant equipment may be required.

Figure 1 Location map of survey site in the context of the wider landscape

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MWT Consultancy Laxey Flood Alleviation PEAR

2.0 Methodology

Desk Study

2.1 In line with best practice (CIEEM, 2017) a desk study was used to identify ecological features (ASSI’s, Local Wildlife Sites and other sites/areas of note e.g. watercourses and wetlands) within 2km of the site, and records of rare or protected species or species of ecological interest within 500m of the site.

2.2 The sources of information consulted are the Manx Government supplied current ASSI layer, Isle of Man Phase 1 Survey, Phase 2 survey sites and Local Wildlife Site GIS from Manx Wildlife Trust. Biological species records are from the Manx Biodiversity Recording Partnership (MBRP) and Manx Bat Group (MBG).

2.3 No SPA’s or SAC’s are designated on the Isle of Man as it lies outside the EU. Although Emerald Sites could be designated under the Bonn Convention, none have been designated.

2.4 Key documents and legislation consulted comprise:

• Isle of Man Wildlife Act 1990 (as amended) • Isle of Man Biodiversity Strategy (DEFA, 2015) • Isle of Man Planning Strategy (DoI, 2016) • IUCN and National Red Data Lists

Walkover survey

2.5 An extended Phase 1 habitat walkover survey was undertaken to categorise habitat features and assess habitat suitability for species that are legally protected, rare and scarce, or of conservation importance. The survey was undertaken on the 6th of March 2021 by Senior Ecologist Adam Denard BSc (Hons) in calm and overcast conditions, with ambient temperatures of 7-8oC.

Survey limitations

2.6 Walkover surveys for a PEAR can be undertaken at any time of year with known limitations on detection of flora and fauna due to seasonality of flowering times and activity of animals.

2.7 Whilst the walkover survey was completed in March, potential habitat for protected fauna and many plant species could be reliably identified and it was also possible to undertake preliminary ground-based assessments of trees and other features for their potential to support protected species.

2.8 The results of this survey are not considered to have been significantly impeded by the timing of the walkover survey.

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3.0 Results

Desk Study

3.1 For distribution maps of biological data and designated sites in relation to the survey site, please refer to Appendices III and IV.

Statutory designated sites

3.2 Laxey Bay Marine Nature Reserve lies 625m downstream to the southeast of the survey site. The reserve occupies 3.97km2 and is designated for 9 features including maerl beds, cetaceans and breeding seabirds (see Laxey Bay MNR citation excerpt

Appendix V).

Non-statutory designated sites

3.3 There are no non-statutory designated sites within the survey site or within a 0.5km radius. Potential Wildlife Sites shown on the map are significant areas of semi- natural habitat that may qualify as a Wildlife Site. This covers the main woodland strip that follows the western bank of the Laxey River; this is discussed in section 3.0, Results - ‘Broadleaved Woodland’.

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Species

3.4 An interrogation of all MBRP species records from within 500m was undertaken. These totalled 596 records, which are summarized in Table 1 below.

3.5 In addition, Isle of Man Government Department of Environment, Food and Agriculture Environmental Protection Unit (DEFA EPU) provided aquatic invertebrate data from two sample sites in the Laxey River in proximity to the survey area from August 2020.

3.6 DEFA Inland fisheries have also provided a qualitative response provided in the results section (refer to ‘Fish’ section in ‘Walkover Survey - Species’).

Table 1: Summary of MBRP records within 500m of Laxey River Flood Alleviation survey site Taxonomic Group Comments Data Source Higher Plants 206 records of common and widespread species and garden escapes. Includes records of Schedule 8 Montbretia Crocosmia x crocosmiiflora and Cotoneaster hjelmqvistii MBRP Fungi 31 records. No legally protected or Red List species MBRP Birds

No records MBRP Mammals (excluding bats) Stoat recorded in August 2008 running across a road MBRP Invertebrates MBRP: 128 records of insects and arachnids comprising common and widespread hoverflies, wasps (Hymenoptera), beetles (Coleoptera), Moths and Butterflies (Lepidoptera). Includes 4 records of Schedule 5 listed Dark Bush-Cricket Pholidoptera griseoaptera and the IUCN ‘Vulnerable’ Xanthandrus comtus

Laxey River Aquatic Invertebrate Sample data August 2020: 187 records of common and widespread species of Mayfly Ephemeroptera, Stonefly Plecoptera, Caddisfly Trichoptera, Beetle Coleoptera, Worm Polychaete, Blackfly Simmulidae and Midges Chironimidae. 14 species identified with other records to Genus or higher taxonomic level. MBRP DEFA EPU Bats 39 records mainly of single or low numbers (<10) dominated by Common pipistrelle Pipistrellus pipistrellus but includes evidence of roosting (115 pipistrelle bats Pipistrellus sp.) and breeding Natterer’s Myotis nattereri (adult female and baby). Also includes detector records for Leisler’s Bat (Nyctalus leislerii) and a hand- held specimen of Brown Long-eared Plecotus auritus. MBRP and MBG Common Lizard Single record from coastal path approximately 400m SW of the survey site MBRP Common Frog 3 records of spawn in the wider area from garden ponds MBRP

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Walkover survey - habitats

Watercourses - Laxey River Corridor

Channel character

3.7 The stretch of the Laxey River within the survey area and throughout the settlement of Laxey is heavily modified and straightened to protect private dwellings and business properties and to be exploited for industrial uses such as mining and traditional water wheel milling of grain. Other in-channel modifications include historic weirs with fish passes for migratory Salmonids (Sea Trout and Atlantic Salmon). A particularly damaged section of weir is earmarked for removal and replacement as part of Phase 2 of the proposed works (see Appendix I and Figure 2 below).

3.8 The channel bed is a mixture of bedrock exposures of the Manx Slate Series, and boulders, cobbles and stones derived from the same. Small deposits of fine gravels are occasional.

Figure 2 derelict weir and fish pass adjoining historic mill race and cobble substrate at SC435841 (looking downstream)

3.9 Like the majority of rivers on the Isle of Man the distance from upland source to sea mouth is relatively short with a steep gradient, resulting in high velocity flashy watercourses with frequently low sediment load except in intensive or extended periods of rainfall.

3.10 Water character is considered oligotrophic (low nutrient status) due to the low sediment load, acidic upland nature of source waters and silicious geology. High levels of heavy metal contaminants from historic mining in the catchment may well be present.

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Channel dimensions

3.11 Channel width range: 8 -10m Wetted channel: 95 -100% of available channel

Depth range: 0.2 - 0.5m+ (during March 2021 survey)

Channel vegetation

3.12 Channel vegetation is limited by channel velocity, gradient and oligotrophic low nutrient conditions.

3.13 Consequently significant channel vegetation is limited to patchy and occasional cover of bryophytes (mosses and liverworts) on boulders and rock exposures.

3.14 Locally dense carpets recalled Hypnum spp. but safe access into the channel for samples was not possible due to lone working in the current pandemic restrictions.

3.15 There are no other appreciable stands of aquatic, marginal and emergent vegetation.

Embankments

3.16 The channel throughout is heavily modified and straightened with embankments comprising a range of walls. These are a mixture of traditional stone and mortar and prefabricated blockwork that serve as some protection to the adjoining road and properties and gardens. These typically support a very sparse mural flora of ruderal and riparian mosses including Crescent-cup Liverwort Lunularia cruciata and Long- Beaked Water Feathermoss Platyhypnidium riparioides, ivy Hedera helix, Butterfly Bush Buddleia davidii, ivy-leaved toadflax Cymbalaria muralis and Red Valerian Centranthus ruber.

3.17 In places more naturalistic cobble walls of approximately 1.5m high support a covering of dense bryophytes with patchy Hairy Wood-Rush Luzula pilosa, Opposite- leaved Golden Saxifrage Chryosplenium oppositifolium , Western Polypody Polypodium interjectum, Bramble Rubus fruticosus agg, Ramsons Allium ursinum and Wavy-Bittercress Cardamine flexuosa (see Appendix I and Figure 3 overleaf).

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Figure 3 Examples of retaining wall embankment (left) and vegetated cobbles (right) at upstream limit of the survey site by Laxey Woollen Mills.

Margins/berms

3.18 Of note for the planned in-channel works are the presence of two distinct berms at base of the right bank (looking downstream) at the Woollen Mills (SC434842) and immediately upstream of the Public Footpath crossing bridge at Swales’ warehouse (SC436840) (see Figures 4 below Figure 5 overleaf ).

Figure 4 low berm with extensive carpets of Wood-rush Luzula spp. and garden escape shrub Bridewort Spiraea sp. on the right bank (looking downstream) at the Woollen Mills

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Figure 5 Wood-rush dominated berm by Swales’ warehouse bridge crossing

Watercourses - Mill race

3.19 Approximately half-way along the survey stretch on the western bank is the stonework and channel of a former mill race that extracts water at SC435842 and returns it to the channel at SC437840. At point of extraction is a complex of a short lateral structure with pillars and two mini-archways and sluice gates with a walkway and a small set of steps.

3.20 The archways are 2-2.5m high with well-sealed mortared stonework with no appreciable niches for roosting bats or nesting birds (see Figures 6 and 7 below).

Figures 6 and 7 Stone archway above a sluice gate (left) and lateral structure with pillars at mill race extraction point (right)

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3.21 The channel of the race runs offsite for approximately 300m and is 2m wide with 1m high embankments and approximate depth of 0.2m. The channel is heavily silted-up and there are significant deposits of brash. No significant aquatic flora was recorded.

3.22 The embankments support a mural flora of moss carpets (recalling Hypnum spp.), and patchy occurrence of Opposite-leaved Golden Saxifrage Chryosplenium oppositifolium and Hart’s Tongue Asplenium scolopendrium (see Figure 8 below).

Figure 8 representative shot of mill race channel looking downstream

Bridges

3.23 Two bridges present in the survey area are a traditional stone road bridge at the upstream start of the site by the Woollen Mills (SC434843) and footpath crossing bridge by Swales’ Warehouse (SC436840). The traditional stone bridge arch spans 10m across the river channel and is 2m high to the apex, with well-maintained stone and mortar courses (see Figure 9 below).

3.24 The footpath crossing bridge is a flat concrete structure with a steel joist and corrugated sheeting supporting structure (see Figure 10 below).

Figures 9 and 10 Traditional stone road bridge by Woollen Mills (left) and footpath crossing bridge by Swales’ Warehouse (right)

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Broadleaved Woodland

3.25 Running adjacent to the western embankment of the River corridor survey site is an area of secondary woodland that has colonised an embankment approximately 10m high. The canopy is dominated by Sycamore Acer pseudoplatanus and Ash Fraxinus excelsior with occasional Downy Birch Betula pubescens. Trees are young to medium-aged with heights ranging from 12-15m and a diameter at breast height (DBH) ranging from 0.2 - 0.5m. A well-developed shrub layer is dominated by Holly Ilex aquifolium and saplings of the parent canopy tree species.

3.26 Of particular relevance to the proposed scheme (due to potential impact from works) is a flood alleviation clearing of mature ash adjacent to the mill race extraction point at SC435842 and a BMX track zone in woodland at SC436840.

3.27 The clearing is smothered by significant brash piles; the identifiable ground flora comprises ivy carpets, Wild Garlic, Bluebell Hyacynthoides non-scripta, Lesser Celandine Ranunculus ficaria and occasional Broad Buckler Fern Dryopteris dilatata patches of and the moss Kindbergia praelonga. There are occasional small patches (0.5m2) of the Schedule 8 listed species Montbretia Crocosmia x crocosmiiflora.

3.28 Two wet seepage areas feed down into the mill race and support Soft Rush Juncus effusus, Opposite-leaved Golden Saxifrage and Broad-leaved Willowherb Epilobium montanum (see Figure 11 below).

Figure 11 Clearing in wooded embankment adjacent to mill race at SC435842 showing felled stumps and brash in foreground and woodland with thick holly shrub layer in background.

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3.29 The BMX area has been created in riverside woodland with piles of compacted aggregate. The trees are young to medium-aged Downy Birch and Sycamore with the shrub layer comprising holly and occasional stems of the Schedule 8 listed Rhododendron ponticum. The ground flora comprises Hairy Wood-Rush, Bracken Fern Pteridium aquilinum and Dryopteris sp. and the mosses Common Pocket-Moss Fissidens taxifolius and Tamarisk Moss Thuidium tamariscinum.

3.30 Pockets of vegetation that have survived amongst the bike tracks are dominated by Bramble patches with Montbretia and patchy occurrence of Wood-Rush (Luzula spp.) (see Figures 12 and 13 below).

Figure 12 and 13 BMX track clearing in riverside woodland (left) and dense bramble patches in undisturbed zones (right)

Species-poor semi-improved grassland

3.31 At the south eastern end of the survey site is a recreational area of tennis and basketball courts between the river-bank and the main road. The hard surfaces are surrounded by a regularly mown area of species-poor semi-improved grassland. Sward height is approximately 10cm, with characteristic species comprising Yorkshire Fog Holcus lanatus, Common Bent Agrostis capillaris, Perennial Rye-grass Lolium perenne, Cat’s-ear Hypochaeris radicata and Dandelion Taraxacum agg.

3.32 At the eastern edge of this area on the riverbank is a short 20m stretch of hedge 3- 6m high comprising European Gorse Ulex europaeus and Garden Privet Ligustrum ovata.

Adjacent habitats

3.33 The main habitat feature of note is the embankment woodland (as already described above) that runs parallel to the western bank of the Laxey River. This is a continuous linear woodland feature that extends from upstream of the survey stretch into the wider Laxey valley and down to the harbour of the river mouth.

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3.34 At the start of the survey site on the western bank this includes a small clearing of willow scrub and rough unmanaged grassland that is likely to be seasonally inundated.

Walkover survey - species

Fish

3.35 No fish were recorded during the walkover survey; however, DEFA Inland Fisheries department were contacted for preliminary information on the known value of the site and the wider Laxey River corridor for fish species.

Their response states:

‘The stretch of river you have mentioned will currently contain various year classes of Brown Trout, Salmon, European Eel and possibly stickleback. There will probably be alevins of both Trout and Salmon still within the gravels that have yet to emerge.

A run of migratory fish (Salmon and Sea Trout) will run the river from early summer through to the end of the year when conditions allow. These fish along with the resident Brown Trout will probably spawn from October through to December.

Juvenile European Eel (glass eels) may currently be in the estuarine regions of the Laxey River waiting for their migration upstream, we believe this takes place around April. The European Eel is currently classified as a critically endangered species and remains on the IUCN Red List.’

(DEFA Inland Fisheries, pers.comm., Mar 2021)

Species listed in the response and their relevant IUCN conservation status is shown in Table 2 below.

Table 2 Fish species known to occur in the Laxey River and their conservation status Species IUCN Red data conservation status Atlantic Salmon Salmo salar Least Concern Brown Trout Salmo trutta Least Concern European Eel Anguilla anguilla Critically Endangered Sea Trout Salmo trutta morpha trutta Least Concern

Invertebrates - aquatic

3.36 No invertebrates were noted during the walkover survey.

3.37 DEFA Environmental Protection Unit invertebrate sample data from August 2020 comprises a range of aquatic species indicative of fast flowing and relatively clean and unpolluted watercourses; these include Mayflies, Stoneflies and Caddisflies. No legally protected or species of conservation importance were recorded.

3.38 Key features are the good water quality, oxygenation and the presence of varied cobble, pebble, and gravel substrates.

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Invertebrates - terrestrial

3.39 Small congregations of cleared-winged flying invertebrates (presumed Diptera) were present under bankside tree cover near the BMX track area. No other invertebrates were recorded during the walkover survey.

3.40 Significant desk study data includes the presence of the legally protected (Schedule 5 IoM Wildlife Act 1990 (as amended)) Dark Bush-Cricket Pholidoptera griseoaptera. The presence of this species on the western bank of the river was also flagged up by the DEFA Ecosystem Policy Team in their initial review of the proposed works.

3.41 Key features to consider will be sunny edges of the wooded embankment with bramble and scrub patches and trees and shrubs that may be used for egg-laying.

3.42 Records exist of the scarce hoverfly Xanthandrus comtus in Minorca hill gardens, but its habitat includes woodland edge and therefore it is possibly present in the riverside wooded areas.

Bats

3.43 No bats were recorded during the walkover survey.

3.44 The combination of riparian woodland and a significant river corridor that flows through the settlement of Laxey is potential high value foraging and habitat for all species of bat known to breed on the Isle of Man. The survey site comprises a significant stretch within this landscape and will be likely to support a range of species foraging and commuting over the channel and along wood edges.

3.45 The only appreciable potential roosting niche recorded was a crevice behind a lintel on the west bank opposite the recreation ground (see Figures 14 and 15 below).

Figures 14 and 15 showing location (left) and representative photo (right) of potential roost feature for bats in west embankment.

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Birds

3.46 Grey Wagtail Motacilla cinerea (Red List high conservation concern (Eaton et al, 2015)) was noted in and around the main river channel during the walkover survey and is a likely breeder in such habitat. Potential nesting niches include holes in walls and crevices within embankment cobbles.

3.47 Dunnock Prunella modularis (Amber List ‘medium concern’ Eaton et al, 2015) and Robin Erithacus rubecula were recorded in riverside woodland. Both are likely breeders.

3.48 Suitable nesting areas for Mallard Anas platyrhynchos exist on grass berms at the base of the western banks of the Laxey River.

Common Lizard (Zootoca vivipara) and Common Frog Common Frog (Rana temporaria)

3.49 No Common Lizards or Common Frogs were recorded during the walkover survey.

3.50 Both species are known to occur in suitable habitats (coastal grass heath and garden ponds) in the wider area within 500m of the survey site.

3.51 Potential terrestrial habitat for Common Frog exists within the riverside woodland and there is still water for laying for spawn in the mill race, although the steep sided character and lack of appreciable vegetation for cover is considered sub-optimal.

3.52 Limited suitable habitat for Common Lizard is restricted to woodland edge and the clearing of recently felled trees. A precautionary approach should be adopted.

Schedule 7 Protected and rare and scarce plant species

3.53 No legally protected or rare and scarce plants were recorded during the walkover survey and there are no desk study records within 500m.

3.54 This stretch of Laxey River is largely devoid of aquatic macrophytes and is therefore considered unlikely to support protected, rare and scarce species.

Schedule 8 Plants

3.55 The survey site has frequent and patchy occurrence of Montbretia Crocosmia x crocosmiiflora along the bank tops of the western river embankment, in grass berms and at the base of the eastern embankment bordering private gardens.

3.56 Rhododendron is present in the woodland shrub layer between the BMX area and the western riverbank.

3.57 For locations refer to map in Appendix VII.

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Bryophytes

3.58 No rare and scarce bryophytes were recorded during the walkover survey and there are no historic records of rare and scarce bryophytes within 500m.

Other mammals

3.59 Common and widespread species such as Wood mouse, Brown Rat and European Rabbit are likely to be present in riverside woodland.

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4.0 Potential impacts on ecological features

Proposed scheme details

4.1 The proposed scheme currently comprises four phases of works (see Appendix I and II).

4.2 These being:

• Phase 1 - River Defence Wall along Glen Road - (no drawings currently available but on-site discussion intimates this will be the heightening of an existing wall from the roadside) - c120m of wall. • Phase 2 - MER Weir Removal and Rock Ramp (see Figure 16 below) - c40m stretch of channel. • Phase 3 - River Defence Wall Left Bank (referred to as east bank in this report) - c300m of embankment wall (see Figure 17) • Phase 4 - River Defence Wall and Grass Embankment (not certain to proceed but considered within the scope of this report) c100m of existing wall. 4.3 Phase 2 and Phase 3 are considered the most significant operations with potential to adversely impact existing ecological features; these phases are considered in Table 3 overleaf.

Figure 16 Drawings of Phase 2 proposed renovation of derelict weir structure

Figure 17 Proposed Phase 3 Flood Defence Wall renovation

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Table 3 Summary of ecological features and potential threats within Laxey River Flood Alleviation proposed works area Ecological feature Extent Ecological value Potential threats WATERCOURSE: Laxey River Corridor (Channel and embankments) 600m • Spawning, nursery and migration route for migratory fish including Salmonids and ‘critically endangered’ European Eel. • Support a range of aquatic invertebrate species associated with relatively clean and unpolluted watercourses. • Foraging and commuting route for a range of bat species. Especially with proximity of extensive broadleaved woodland. • Bird nesting habitat for Red List ‘high’ conservation concern Grey Wagtail. • Loss of spawning, nursery and migratory habitat and potential injury and mortality of immature stages of key fish species. • Loss of riverbed aquatic invertebrate habitat and likely injury and loss of common and widespread species during any in-channel works by excavation plant. • Disruption to foraging behaviour by bats and insectivorous birds. • Loss of grass berm potential bird nesting and terrestrial invertebrate habitat. WATERCOURSE: Mill Race 300m • Source of invertebrate prey for foraging birds and bats • Potential spawning site for Common Frog • No current tangible threat but any unplanned incursion will require reassessment of risks to ecology. Broadleaved woodland 0.25ha (within survey site) • Bird nesting habitat for a range of common woodland species including Amber Listed ‘medium’ concern species e.g. Dunnock. • Bird and bat foraging areas within the wider woodland ecological unit • Range of woodland edge common invertebrates and potentially scarce species including legally protected Schedule 5 Dark Bush-Cricket. • Removal of several previously felled trees in area potentially inhabited by legally protected Dark Bush-Cricket. • Loss of nesting habitat for canopy and scrub nesting birds. Fish

• Spawning, nursery and migration route for migratory fish including ‘critically endangered’ European Eel. • Refer to Watercourse summary

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Invertebrates

• Range of common and widespread aquatic invertebrates indicative of cleaner waters. • Presence of legally protected Dark Bush-Cricket in riverine woodland edge. • Refer to Watercourse and Broadleaved Woodland summary Bats

• Potential foraging and commuting corridor for a range of species known to occur in the wider Laxey area including Common Pipistrelle, Leisler’s Bat, Natterer’s Bat and Brown Long Eared. • Potential degradation of riverine foraging and commuting habitat • Potential loss of riverbank structural niche

Birds

• Nesting and foraging niches available in riverside berms, and woodland and scrub including species of ‘high’ conservation concern Grey Wagtail. • Potential loss of nesting and foraging habitat for riverine and woodland species, including species of conservation importance. Schedule 8 Invasive non-native plant species

• Provision of nectar sources for common invertebrates • Detrimental continued spread in the river channel embankments and within native woodland. Bryophytes

• Range of common species on boulders and bedrock exposures in- channel, and on embankment cobbles and vertical walled surfaces • Minor losses of common and widespread species Proximity to Laxey Bay Marine Nature Reserve (MNR) MNR occupies 3.97km2approximately 625m downstream to the southeast • Rocky reef, Kelp forests, Maerl, Cetaceans and Seabird colonies (see Appendix V) • Potential pollution sources from machinery and concrete entering the bay ecosystem from the Laxey River

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5.0 Recommendations

5.1 Table 4 below shows the necessary constraints and mitigation for the proposed track, using the hierarchy of avoid, minimise and compensate.

Table 4: Mitigation summary table for proposed Laxey River Flood Alleviation works Ecological feature Constraint Mitigation (Avoid, Minimise, Compensate*) Watercourses Planning Environment Policy 4,5 and 7 (Appendix IX) • The project must adhere to full compliance with DEFA Inland Fisheries requirements for mitigation of in-channel works including timing of works to avoid sensitive periods and production of and compliance with comprehensive Construction Environment Management Plan (CEMP) to include Precautionary Working Method Statements (PWMS) and Reasonable Avoidance Measures (RAMs) to the satisfaction of Inland Fisheries Department. • The project must adhere to recommendations for habitats and protected species as detailed in this report. • The project should appoint an Ecological Clerk of Works (ECoW) to oversee compliance with report recommendations and Isle of Man Wildlife Act 1990 (as amended). Fish Planning Environment Policy 4,5 and 7 • A PWMS must cover how operations will avoid and minimise impacts on aquatic invertebrates from harmful in-channel operations such as disturbance of gravels and silts, sedimentation events, safe use of hydrocarbon fuels and lubricant and wet concrete and cement in proximity to a watercourse. • Full compliance with DEFA Inland Fisheries requirements for in-channel working. Birds Part 1, IOM Wildlife Act 1990 (as amended) • Any removal of embankment structures and/or cutting back or removal of any scrub, trees and grass berms must be done outside the bird nesting season, which can extend from 1st February to 31st August. Where this is not practically possible, a pre-clearance check by a suitably experienced Ecologist (no more than 5 days prior to removal) must be undertaken and any nests (including in the process of being built) must be safeguarded until all young are fledged and independent of the nest. • If any nests are encountered during works, all work must be temporarily suspended and advice be sought from the project ecologist.

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Bats All bat species Schedule 5, IoM Wildlife Act 1990 (as amended) • Avoid machinery and plant equipment being left in-channel after dusk and before sunset to reduce obstacles to existing foraging zones. • Any unscheduled tree felling must have a pre-felling Preliminary Roost Assessment (PRA) undertaken and may require further dusk emergence and dawn re-entry surveys. • Prior to any embankment wall removal works a Preliminary Roost Assessment (PRA) must be undertaken to identify any potential risk to bats and may require further dusk emergence and dawn re-entry surveys • Activity surveys should be considered in order to understand baseline conditions within the river corridor ahead of future flood alleviation works down to the Laxey Harbour Mouth • If any bats or anything suspected to be a bat is encountered during works, all work is to be temporarily suspended and advice sought from the project ecologist. Dark Bush-Cricket Schedule 5, IoM Wildlife Act 1990 (as amended) • Removal of felled trees from the flood alleviation clearing area must only take fully intact main trunk stems, leaving cut logs, discs and brash for deadwood habitat. • Any lay-up and storage areas for heavy plant, materials and temporary infrastructure must be pre-agreed with the project ecologist to avoid sensitive areas that could be utilised by dark bush-cricket Aquatic Invertebrates Planning Environment Policy 4,5 and 7 • A PWMS must cover how operations will avoid and minimise impacts on aquatic invertebrates from harmful in-channel operations such as disturbance of gravels and silts, sedimentation events, safe use of hydrocarbon fuels and lubricant and wet concrete and cement in proximity to a watercourse. • There must be full compliance with DEFA Inland Fisheries requirements for in-channel working. Bryophytes (Mosses and Liverworts) N/A • As far as is practically possible all works must avoid unnecessary removal of bryophyte cover. • Any boulders with significant bryophyte cover that can be safely incorporated within channel works must be retained or (where practically possible and not causing safety issues) should be relocated to similar conditions in an unaffected area of the River. Common Lizard and Common Frog Schedule 5, IOM Wildlife Act 1990 (as amended)

• If any (or anything suspected to be) Common Frogs or Common Lizards are found during works, all work must be temporarily suspended and advice be sought from the project ecologist or DEFA Ecosystem Policy Team.

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Proximity to Laxey Bay Marine Nature Reserve (MNR) IOM Wildlife Act 1990 (as amended) designated site

• CEMP for in-channel works to include measures to avoid and minimise adverse impacts on Laxey Bay MNR. *Up front compensation for the proposed works has not been considered necessary; however if adverse impacts do occur on ecological features, compensatory measures may need to be enforced.

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Opportunities/Enhancements

5.2 The Isle of Man Government’s Biodiversity strategy (DEFA, 2015) states that development should ensure ‘no net loss’ of biodiversity, whilst the proposed new UK Environment Bill is poised to make Biodiversity Net Gain a statutory requirement.

5.3 In addition to the mitigation recommendations, there is limited scope within the channel to propose enhancements. The design plans for the replacement of the derelict reinforced weir (Appendix II(i)) are encouraging as this should result in a more diverse flow pattern with potential for dynamic micro depositional features for fish and aquatic invertebrates whilst providing fish ‘rests’ behind boulders during upstream migration.

Embankment Enhancement

5.4 The project should install 2 artificial nest boxes suitable for use by Grey Wagtail, with locations agreed with the site manager and the project ecologist. Suitable sites include affixing to walls and under bridges. These can be purchased at https://www.nestbox.co.uk/products/dipper-wagtail-nest-box

5.5 The project should also install two bat boxes high up on vertical wall surfaces on the eastern embankment where thermal properties are likely to encourage roosting. These should be suitable for Pipistrelle and Myotis spp. and are available from https://www.greenwoodsecohabitats.co.uk/shop

Figure 16 Example ecostyrocrete bat boxes from Greenwoods Ecohabitats

Woodland Enhancement

5.6 The broadleaved woodland strip that runs parallel to the western bank could be enhanced by selective thinning of trees of low conservation value to encourage a more diverse structure and promote shrubby edges that could be used by Dark Bush- Cricket.

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REFERENCES

Eaton, MA, Aebischer NJ, Brown AF, Hearn RD, Lock L, Musgrove AJ, Noble DG, Stroud DA and Gregory RD (2015). Birds of Conservation Concern 4: the population status of birds in the United Kingdom, Channel Islands and Isle of Man. British Birds 108, 708-746

Bat Conservation Trust (2016.) Bat Surveys for Professional Ecologists - 3rd Edition. BCT, London

CIEEM (2017). Guidelines for Preliminary Ecological Appraisal, 2nd edition. Chartered Institute of Ecology and Environmental Management, Winchester

CIEEM (2018). Biodiversity Net Gain - Good practice principles for development: A Practical Guide. CIEEM, Winchester. https://cieem.net/wp- content/uploads/2019/02/C776a-Biodiversity-net-gain.-Good-practice-principles-for- development.-A-practical-guide-web.pdf

DEFA (2015). Managing our natural wealth - The Isle of Man’s first Biodiversity Strategy 2015-2025 - GD 2015/0049. IoM Gov, Douglas.

Dubbeldam A (2012) Phase 2 resurvey report (unpublished). DEFA

Isle of Man Government Cabinet Office (2016). The Isle of Man Strategic Plan 2016

2016/0060. IoM Government, Douglas.

Isle of Man Strategic Plan 2016https://www.gov.im/media/1350906/the-isle-of-man- strategic-plan-2016-approved-plan-15_03_16.pdf

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APPENDIX I: Scheme of Works Locations and Representative Photos of River Corridor* *All photos looking downstream

Source: Burroughs Stewart Architects

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APPENDIX II(i) - Proposed design drawings for Phase 2 weir replacement

Source: Burroughs Stewart Architects

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APPENDIX II (ii) - PHASE 3 River Defence Wall design drawings

Source: Burroughs Stewart Architects

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APPENDIX III - Distribution map of MBRP biological data records within 0.5km

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APPENDIX IV - Distribution map of designated sites within 0.5km

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APPENDIX V - Laxey Bay Marine Nature Reserve Citation

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APPENDIX VI - HABITAT FEATURES MAP

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APPENDIX VII - SCHEDULE 8 PLANT SPECIES LOCATION MAP

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APPENDIX VIII: Walkover survey species list

Table 6: Walkover survey species list for Laxey River Flood Alleviation site Common name Scientific name Higher plants, mosses, ferns and trees Ash Fraxinus excelsior Bilberry Vaccinium myrtillus Bracken Pteridium aquilinum Bramble Rubus fruticosus agg Bridewort Spiraea sp. Broad Buckler Fern Dryopteris dilatata Butterfly Bush Buddleia davidii Cat’s Ear Hypochaeris radicata Cock’s Foot Dactylis glomerata Common Bent Agrostis capillaris Common Feather Moss Kindbergia praelonga Common Pocket Moss Fissidens taxifolius Common sorrel Rumex acetosa Creeping buttercup Ranunculus repens Crescent-cup Liverwort Lunularia cruciata Daffodil (cultivar) Narcissus sp. Dandelion Taraxacum agg. Downy birch Betula pubescens European gorse Ulex europaeus Forest Star Moss Mnium hornum Foxglove Digitalis purpurea Garden Privet Ligustrum ovata Hairy Bittercress Cardamine hirsuta Hard Fern Blechnum spicant Hawthorn Crataegus monogyna Holly Ilex aquifolium Ivy-leaved Toadflax Cymbalaria muralis Lesser Celandine Ranunculus ficaria London Pride Saxifraga x urbicum Long-beaked Water Feather Moss Platyhypnidium riparioides Maidenhair Spleenwort Asplenium trichomanes Meadow Buttercup Ranunculus acris Montbretia Crocosmia x crocosmiiflora Moss species Hypnum spp. Opposite-leaved Golden Saxifrage Chryosplenium oppositifolium Perennial Rye Grass Lolium perenne

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Pignut Conopodium majus Ragwort Jacobaea vulgaris Ramsons Allium ursinum Red Valerian Centranthus ruber Rhododendron Rhododendron ponticum Ribwort Plantain Plantago lanceolata Rough-stalked Feather Moss Brachythecium rutabulum Snowdrop Galanthus spp. Soft Rush Juncus effusus Spear Thistle Cirsium vulgare Sycamore Acer pseudoplatanus Tamarisk Moss Thuidium tamariscinum Western Polypody Polypodium interjectum White clover Trifolium repens Willow species Salix sp. Wood False-brome Brachypodium sylvaticum Yorkshire Fog Holcus lanatus Fauna Birds Dunnock Prunella modularis Grey Wagtail Motacilla cinerea Robin Erithacus rubecula Mallard Anas platyrhyncos Chaffinch Fringilla coelebs

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APPENDIX IX - ISLE OF MAN ENVIRONMENT PLANNING POLICIES 4, 5 AND 7

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