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Laxey River Section 6
Habitat Mitigation Plan
January 2025
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Ecology Vannin Laxey River Section 6 - Habitat Mitigation Plan
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Control Sheet
Job number: 24_60 Title: Laxey River Section 6 - Habitat Mitigation Plan
Client: Burroughs Stewart Associates Prepared by: Amy Dunderdale BSc (Hons) MSc - Ecologist Verified by: Adam Denard MCIEEM - Ecologist Date of Issue: January 2025 Version: 4 Revisions: 3 Status: Final
This report is prepared by Ecology Vannin Consultancy Services for the sole and exclusive use of Burroughs Stewart Associates 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 Burroughs Stewart Associates. 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
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Biographies
Amy Dunderdale BSc (Hons) MSc is an ecologist with several years’ experience in baseline ecological survey and assessment and specialist protected species surveys including for bats and reptiles. Amy holds a Biology bachelors degree from the University of Durham and a masters degree in Wildlife Management and Conservation from University of Reading. She has experience working in ecology consultancy in the UK including experience in completing PEAs and BREEAM Land Use and Ecology reports.
Adam Denard BSc (Hons) MCIEEM is Senior Ecologist with Ecology Vannin and 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. After graduation with First Class honours in Conservation and Land Management, Adam worked on professional bat surveys for Oxford University before going onto work for ecological consultancies in England 2004 - 2009. During this time key skills were surveying for higher plants (site assessment, NVC and aquatic macrophytes), Great Crested Newt, Bats, Birds (Breeding and wintering), Reptiles and Riparian mammals. Adam worked as conservation officer for Manx BirdLife in 2010 (including producing a preliminary Isle of Man Birds of Conservation Concern) and after a career break has been providing consultancy services for Manx Wildlife Trust since 2017. Adam regularly produces professional ecological reports within the Isle of Man planning system including Preliminary Ecological Appraisal Reports (PEARs), Specialist surveys for protected species, mitigation strategies and Ecological Impact Assessment (EcIA). Adam is a DEFA authorised licence holder for Bats, Common Frog and Common Lizard, Schedule 1 birds and Dark Bush Cricket.
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1.0 Introduction
Rationale
1.1 Ecology Vannin was commissioned by Burroughs Stewart Association to produce a Habitat Mitigation Plan for the erection of a flood defence wall along Laxey River (application ref 23/01057/B). This is required in relation to satisfying condition 5, which states
“No works of development on site shall commence prior to the submission of a habitat mitigation plan, written by a suitably qualified ecological consultancy, has been provided to DEFA Planning and approved in writing. The plan should contain details of propionate habitat replacement works, alongside a timetable for implementation. The development shall be carried out in accordance with the approved details.”
1.2 The site has already been subject to an Ecological Impact Assessment (EcIA) (Katie Watson Consulting, 2023). Site assessments have also been carried out by Ecology Vannin (2023) followed by the production of a CEMP and an Invasive Species Management Plan.
1.3 From these, methods have been provided to be used in order to avoid negative impacts to retained habitats, protect the watercourse from pollution, manage invasive species at the site and protect any potential protected species at the site including nesting birds.
1.4 In addition, regarding impacts to native fish due to the works impacting / taking place within a watercourse, the works will be carried out in line with methods previously agreed between DEFA and Fisheries on an upstream section of flood wall creation.
1.5 Further to the above, mitigation is required for the loss of terrestrial habitats proposed to take place. Proposals for this are outlined in this Habitat Mitigation Plan.
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2.0 Legislation
Legislation - designated sites
2.1 The Isle of Man Wildlife Act 1990 (as amended) is the main piece of wildlife legislation that enables the designation of statutory protected sites (Marine Nature Reserves (MNRs), Areas of Special Scientific Interest (ASSIs), National Nature Reserves (NNRs) and Areas of Special Protection (ASPs)), the protection of listed fauna and flora and the control of invasive species.
2.2 The sites themselves receive protection from actions likely to have adverse effects on the reasons for designation under the Wildlife Act (terrestrial) and additional protection for Marine the environment via the Manx Marine Nature Reserves Byelaws 2018.
Legislation - Protected Species Bats, Common Lizard, Common Frog)
2.3 Horseshoe bats (all species) Rhinolophidae and typical bats (all species) Vespertilionidae, Common Lizard Zootoca vivipara and Common Frog Rana temporaria are all protected under Schedule 5 of the Isle of Man Wildlife Act 1990 (as amended), along with some other animals not relevant to this site.
2.4 As such, a person is deemed to have committed an offence if he or she:
“intentionally or recklessly kills, injures or takes any wild animal included in Schedule 5 without reasonable excuse”
And/or “damages or destroys, or obstructs access to, any structure or place which any wild animal included in Schedule 5 uses for shelter or protection; or disturbs any such animal while it is occupying a structure or place which it uses for that purpose”.
Birds
2.5 All wild birds are afforded protection under the Isle of Man Wildlife Act 1990 (as amended). An offence is deemed to have been committed if:
“any person intentionally or recklessly - (a) kills, injures or takes any wild bird; (b) takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or (c) takes or destroys an egg of any wild bird”.
2.6 In addition, species listed on Schedule 1 of the act makes it an offence to:
“Intentionally or recklessly - (a) disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or (b) disturbs any nest or egg of such a bird; or (c) disturbs dependent young of such a bird”.
Schedule 7 plants which are protected
2.7 Certain plant species are listed on Schedule 7 as protected species. It is an offence: “If any person intentionally or recklessly picks, uproots or destroys any wild plant included in Schedule 7”.
Schedule 8 invasive alien plants
2.8 Certain plant species are listed on Schedule 8 of the Wildlife Act due to the threat of invasive spread into native habitats.
It is an offence:
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“if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 8”.
Planning Policy and Biodiversity Net Gain
2.9 The Isle of Man Strategic Plan has been prepared in accordance with Section 2 of, and Schedule 1 to, the Town and Country Planning Act 1999. Policies with particular relevance to ecological impact considerations and planning are contained within Environment Policies. Key policies relating to species, habitats and protected areas are provided in Appendix V.
2.10 IOM Climate Change Act 2021. The Climate Change Act 2021 amends the Town and Country Planning (Development Procedure) Order 2019. Applications for planning approval will need to demonstrate: “(iii) the maintenance and restoration of ecosystems; (iv) biodiversity net gain”. This change is not currently implemented as it requires an ‘appointed day order’, but 10% biodiversity net gain (BNG) is now a legal requirement in England under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021).
3.0 Constraints Plan
3.1 Additional notes to the Plan below: The westernmost green area shown as retained vegetation can no longer be retained due to being undermined and needing to be replaced with a concrete toe. The length indicated blue can no longer have any vegetation or coir rolls recreated within due to practicalities (reasons stated including probability of it washing away high, reduction of effective capacticity of watercourse).
Figure 1 Constraints Plan
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4.0 Habitat Mitigation Plan
4.1 The following habitat mitigation plan measures (refer Figure 2 and Table 1 below and overleaf) are to be undertaken in addition to all other measures already specified within the invasive species and CEMP plans. All works need to follow the advice given in these preceding documents including following the nesting birds Reasonable Avoidance Measures and Inland Fisheries Compliance. In addition to the below, 4 bat boxes have also been recommended as an enhancement (via previous correspondence), with types and positions to be finalised with the involvement of the ECoW but examples given in Appendix I.
4.2 Table 1 and Figure 2 should be referred to simultaneously and read alongside the Constraints Plan for full reference.
Table 1 Proposed habitat mitigation plan for Laxey River Section 6 Potential adverse impacts / locations Proposed mitigation Timescale for implementation
Along one section, (purple block on Figure 2), the riverbank will remain in-situ and then be reprofiled and coir (biodegradable) matted which will allow vegetation to recolonise. This is discussed as mitigation in relevant sections below. See Appendix 2 for example products.
In all locations, construction of any new foundations, concrete toes, block and stone walls to be undertaken as sensitively as possible with regard to existing vegetation and riverbank and following the prescribed specifications upon which the following mitigation proposals have been based.
This habitat creation is to be implemented within 6 months of the completion of the flood wall construction 2. Loss of Grey Wagtail nesting and feeding habitat.
Grey wagtails favour habitats near water like riverbanks, where they feed primarily on small invertebrates in and around the water. It is proposed to provide 6 nesting boxes for Grey Wagtails at the site and within the wider lower Laxey River area. Specifically, it is proposed to install: • 3 grey wagtail boxes on the current application site stretch of river. The most suitable locations have been deemed to be on the southern side of the river where there are sections of north-facing wall with Nest boxes to be positioned prior to works commencement.
See Appendix I for recommended wagtail boxes.
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There is expected to be some unavoidable loss of some existing potential nesting niches and feeding habitat.
overhanging vegetation and under the new bridge. Holes on the boxes should be facing downstream • 3 boxes elsewhere between the Laxey Woollen Mills and the river mouth at Laxey, to be decided before installation with the input of an Ecologist/ECoW in helping to locate/position them. Chosen locations will need to be above the general water flood line, out of full sun, and without easy access to predators. In addition, there is expected to be some short-term loss of suitable feeding areas for grey wagtail. The retention of the southern riverbank and some sections of the northern riverbank along with downstream and upstream feeding opportunities will minimise the short-term loss. In the longer term the reestablishment of riverbank vegetation through use of the CocoBN Matting from Salix, or similar, along with the other proposed mitigation for shrub/woody scrub losses will replace that lost. 3. Loss of shrub/scrub vegetation outside of Braeside and Palladian House.
Outside of Braeside and Palladian House properties it is proposed to “cut back” existing vegetation to allow for wall construction. The woody scrub/shrub requiring cutting back or removal (it is not currently known which) will have potential to support nesting birds and this loss of habitat should be mitigated for.
This is in addition to the reprofiling of the riverbank required in this location.
The planting of native woody species such as hawthorn, holly and blackthorn to create areas of new habitat is proposed in some suitable locations, to replace the lost shrub / scrub.
The new planting, once mature, will provide suitable nesting habitat for birds.
Suitable locations have been agreed with stakeholders in areas shaded orange on the plan, to be in staggered rows approximately 1 m back from the river’s wall/ edge, mixed with the willow trees described in 4. The locations provide infill / bolster planting along the southern river edge. In addition a semi-circular area further west can also be planted as an additional thicket of native woody shrub.
As a far as reasonably practical with regards to proposed planting times and access required for machinery creation during site works, or within 3 months of its completion.
Additional specifications -
The best time for planting bare root plants is November to March. Pot grown plants can be planted throughout the year. The plants may need watering during the summer months for the first year.
Plants chosen should be a minimum of 90cm tall so that the new habitat is as functional as possible early on. Planting densities for holly, blackthorn and hawthorn for 90cm plants is roughly 5-10 per m2.
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Outside Rivers Court, and at the Commissioners’ Area: The vegetated riverbanks in these locations will be lost due to construction of a new concrete toe, The lengths comprise colonised common grasses and ruderal species with some encroaching gorse scrub.
Digby House, Brookside, Lewins Cottage: New Stepped concrete blocks in place of existing riverbank (or in place of existing concrete toe in the case of Lewins Cottage), loss of existing vegetation (largely colonised common grasses and ruderal).
Further loss outside Braeside
Mitigation (reprofiled riverbank) shown as solid purple on Figure 2. The reprofiling of the riverbank in this location will take place after works are complete. The loss of existing ephemeral / ruderal vegetation will be mitigated by the use of a biodegradable coir mat such as the Salix brand CocoBN on top of the new bank which will allow the colonisation of the bank by vegetation.
The creation of a new riverbank previously proposed within the blue area of the Constraint plan is no longer viable. Instead, planting within the orange areas on Figure 2 below this table is proposed, comprising some Grey Willow (a minimum of 10) in small clumps sporadically (e.g. 3 clumps of 2-4 plants each). These can be mixed with the planting in 3. Grey willow is an excellent source of early pollen and nectar source for pollinators and larval foodplant for invertebrates such as moths, and will therefore contribute to providing for foraging birds and bats,
This habitat creation is to be implemented within 6 months of the completion of the flood wall construction.
Additional specifications -
The willows should be planted between November and March. 5. No material loss of habitat outside of Cumberland House and Cumberland Lodge
Existing riverbed rocks and wall retained As specified in row 1, sensitive approach to the works should be followed with regard to existing vegetation.
The mitigation and enhancement measures proposed are considered suitable for mitigating any loss within these areas, if any should occur. NA 6. Easternmost stretch nearest the new Bridge.
Beyond the shown retained section (green on Constraints Plan) to the east, the current information is that the wall is to be assessed and reinforced where needed. Works in this area could result in loss of further habitat (largely scrub). Clarification on works in this area will be needed in order to specify required mitigation. ** Protected Species may be at risk e.g. roosting bats and nesting birds and there is potential for an offence to be committed.**
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Appendix I
Grey Wagtail Box Specifications
Vivara Pro WoodStone Grey Wagtail and Dipper Nest Box
https://www.nhbs.com/vivara-pro-woodstone-grey-wagtail-and-dipper-nest-box
Bat Boxes
https://www.greenwoodsecohabitats.co.uk/shop
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As an alternative to fixing to walls (as with the above boxes), a pole-mounted box could also be used as one of the 4 reommended boxes.
From nhbs.co.uk
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Appendix II
Coir products - Salix brand
Coir matting - CocoBN
https://www.salixrw.com/wp-content/uploads/2018/06/CocoBN-1.2.pdf
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