5.3 Water Vole

The survey found no evidence of water vole within the Study Area and watercourses were considered to be generally suboptimal for this species. No further consideration of water vole is required.

5.4 Great Crested Newt

The eDNA survey confirmed the presence of great crested newt within a pond that lies 315 m south-west of the Site. The pond is located 450 m from the footprint of the Proposed Development at its nearest point. Suitable terrestrial habitat links the pond to the southern boundary of the Site, along the Ogle Burn and Braidwood Burn corridor. However, the works footprint across the Braidwood Burn corridor is over 500 m from the pond, which is generally considered to be the maximum distance great crested newts will migrate from their breeding ponds (Langton et al., 2001). Where the works footprint extends 50 m into the 500 m buffer, the habitat is improved grassland, which is suboptimal for this species. In consultation with NatureScot, it has been agreed that newt fencing is to be installed to separate the works area from suitable great crested newt habitat to the south of the proposed Branxton substation. This will protect individual newts by acting as a barrier to movement of newts into the works area. The location, extent and design of newt fencing is detailed within Technical Appendix 7.4 - Great Crested Newt Species Protection Plan.

5.5 General Best Practice Measures

It is recommended that the following good practice measures, endorsed by NatureScot, are applied during construction activity (SNH, 2019):

       Cover/fence-off excavations, or provide escape ramps at the end of the working day to avoid animals becoming trapped (if an animal does become trapped, advice should be sought immediately from SNH);

       Cap any temporarily exposed pipe systems out of work hours;

       Clean fuel/chemical spillages immediately with spill kits and dispose of waste materials correctly;

       Ensure artificial lighting used on Site is minimised, or that lighting units are hooded and directed away from edge habitat;

       Avoid unnecessary disturbance to habitats by minimising the extent of ground clearance, as far as possible; and

       Ecological toolbox talks to be given to all new site personnel as part of the site induction process on the potential presence of protected species including badgers, otters and great crested newts and any measures that need to be undertaken should such species be discovered during construction activities.

6. References

ARG UK (2010). Amphibian and Reptile Groups of the United Kingdom, ARG UK Advice Note 5: Great Crested Newt Habitat Suitability Index. Available online at: https://www.arguk.org/info-advice/advice-notes/9-great-crested-newt-habitat-suitability-index-arg-advice-note-5/file  (accessed March 2022).

Chanin P (2003). Monitoring the Otter Lutra lutra. Conserving Natura 2000 Rivers Monitoring Series No. 10. English Nature, Peterborough.

CIEEM (2013a). Competencies for Species Survey: Badger. Available online at https://cieem.net/wp-content/uploads/2019/02/CSS-BADGER-April-2013.pdf (accessed March 2022).

CIEEM (2013b). Competencies for Species Survey: Eurasian Otter. Available online at: https://cieem.net/wp-content/uploads/2019/02/CSS-EURASIAN-OTTER-April-2013.pdf  (accessed March 2022).

CIEEM (2013c). Competencies for Species Survey: Water Vole. Available online at: https://cieem.net/wp-content/uploads/2019/02/CSS-WATER-VOLE-April-2013.pdf  (accessed March 2022).

CIEEM (2013d). Competencies for Species Survey: Great Crested Newt. Available online at: https://cieem.net/wp-content/uploads/2019/02/CSS-GREAT-CRESTED-NEWT-April-2013.pdf  (accessed March 2022).

Dean M, Strachan R, Gow D and Andrews R (2016). The Water Vole Mitigation Handbook (Mammal Society Mitigation Guidance Series). Matthews, F and Chanin, P Eds, Mammal Society, London.

ITPEnergised (2022a). Berwick Bank EIA, Ecology Chapter, Technical Appendix 7.1, Preliminary Ecological Appraisal.  ITPEnergised, Edinburgh.

ITPEnergised (2022b). Berwick Bank EIA, Ecology Chapter, Technical Appendix 7.3, Bats.  ITPEnergised, Edinburgh.

Langton TES, Beckett CL and Foster JP (2001). Great Crested Newt Conservation Handbook, Froglife, Halesworth.

Oldham RS, Keeble J, Swan MJS and Jeffcote M (2000). Evaluating the suitability of habitat for the great crested newt (Triturus cristatus). Herpetological Journal. 10: 143-155.

Scottish Badgers (2018). Surveying for Badgers: Good Practice Guidelines. Version 1. Available at: https://www.scottishbadgers.org.uk/userfiles/file/planning_guidelines/Surveying-for-Badgers-Good-Practice-Guidelines_V1.pdf (accessed March 2022).

Scottish Government (2013). Scottish Biodiversity List. Version 1.5. Available online at: http://www.gov.scot/Topics/Environment/Wildlife-Habitats/16118/Biodiversitylist/SBL  (accessed February 2022).

SNH (2018). Licensing Guidance. Scottish Natural Heritage (now NatureScot). Available online at: https://www.nature.scot/sites/default/files/2018-04/Guidance-Licensing-Badgers-Current-use.pdf (accessed November 2020).

SNH (2019). Protected Species Advice for Planning Consultants: Badger. Scottish Natural Heritage (now NatureScot). Available online at: https://www.nature.scot/sites/default/files/2019-10/Species%20Planning%20Advice%20-%20badger.pdf (accessed March 2022).

TWIC (2021). The Wildlife Information Centre. Notable Species List. Received January 2021.

Annexes

Annex A: Species Specific Legislation

Badger

Badgers and their setts are protected under the Protection of Badgers Act 1992, as amended by the Wildlife and Natural Environment (Scotland) Act 2011. Under this legislation it is an offence to intentionally or recklessly:

       Kill, injure, take, possess or cruelly ill-treat a badger or attempt to do so;

       Interfere with a sett by damaging or destroying it;

       Obstruct access to a badger sett;

       Disturb a badger whilst it is occupying a sett;

       Cause or allow a dog to enter a sett;

       Sell a live badger, or offer one for sale, or possess a live badger; and

       Be in the possession, or control of, a dead badger or anything derived from a dead badger.

Under the Protection of Badgers Act 1992, a badger sett is defined as ‘any structure or place which displays signs indicating current use by a badger’. Following NatureScot guidance, in the absence of any case law to define current use, the presence of field signs such as bedding, fresh spoil heaps, signs of recent digging, hair, latrines, or footprints in or around the potential sett or evidence of badgers entering or exiting the structure or place in question would indicate current use of the structure / place by a badger (SNH, 2018). Where a possible sett has no immediate evidence of current use, and is to be impacted by works, the structure should be actively monitored for a minimum of two weeks.

This legislation means that badgers are fully protected in Scotland, and that any planned activity, which may affect them, requires prior consultation with the appropriate statutory nature conservation organisation (i.e. NatureScot). Under Section 10 (1) of The Protection of Badgers Act 1992, licences may be granted by NatureScot for certain purposes that would otherwise be illegal.

Otter

Otter is a European Protected Species, protected under the Conservation (Natural Habitats, &c.) Regulations 1994. As such, in Scotland it is an offence to deliberately or recklessly:

       Capture, injure or kill an otter;

       Harass an otter or group of otters;

       Disturb an otter in a den or any other structure or place it uses for shelter or protection;

       Disturb an otter while it is rearing or otherwise caring for its young;

       Obstruct access to a den or other structure or place otters use for shelter or protection, or otherwise deny the animal use of that place;

       Disturb an otter in a manner or in circumstances likely to significantly affect the local distribution or abundance of the species; and

       Disturb an otter in a manner or in circumstances likely to impair its ability to survive, breed or reproduce, or rear or otherwise care for its young.

It is also an offence to:

       Damage or destroy a breeding site or resting place of such an animal (whether deliberately or recklessly); and

       Keep, transport, sell or exchange, or offer for sale or exchange any wild otter (or any part or derivative of one) obtained after 10 June 1994.

It should be noted that otter shelters are always legally protected, whether an otter is present or not.

Otter is also included on the Scottish Biodiversity List (Scottish Government, 2013), where it is listed for avoidance of negative impacts.

Water Vole

Water vole receives partial protection through its listing on Schedule 5 of The Wildlife and Countryside Act 1981 (as amended). In Scotland, this legal protection is currently restricted only to the water vole places of shelter or protection; it does not extend to the animal itself. It is an offence to intentionally or recklessly:

       Damage, destroy or obstruct access to any structure or place that water voles use for shelter or protection; or

       Disturb a water vole while it is using any such place of shelter or protection.

Water vole is a Priority Species on the Scottish Biodiversity List (Scottish Government, 2013), where it is listed for both conservation action and for avoidance of negative impacts. This species has suffered significant declines in recent decades, mainly due to habitat loss and degradation, population fragmentation and predation by American mink (Mustela vison).

Great Crested Newt

Great crested newt is a European Protected Species, protected under the Conservation (Natural Habitats, &c.) Regulations 1994. As such, in Scotland it is an offence to deliberately or recklessly:

       Capture, injure or kill a great crested newt;

       Harass a great crested newt or group of great crested newts;

       Disturb a great crested newt in a structure or place it uses for shelter or protection;

       Disturb a great crested newt while it is rearing or otherwise caring for its young;

       Obstruct access to a structure or place great crested newt use for shelter or protection, or otherwise deny the animal use of that place;

       Disturb a great crested newt in a manner or in circumstances likely to significantly affect the local distribution or abundance of the species;

       Disturb a great crested newt in a manner or in circumstances likely to impair its ability to survive, breed or reproduce, or rear or otherwise care for its young;

       Disturb a great crested newt while it is migrating or hibernating; and

       Take or destroy the eggs of a great crested newt.

It is also an offence of strict liability to:

       Damage or destroy a breeding site or resting place of such an animal (whether deliberately or recklessly). These sites and places are protected even when the animal isn’t present. For example, great crested newt ponds are protected all of the time as long as it can be shown that the newts use the ponds some of the time; and

       Keep, transport, sell or exchange, or offer for sale or exchange any wild otter (or any part or derivative of one) obtained after 10 June 1994.

Great crested newt is also included on the Scottish Biodiversity List (Scottish Government, 2013), where it is listed for avoidance of negative impacts.

Annex B: Target Notes

Table B1: Survey Target Notes