CON Consultation 2 DEFA Biodiversity

From: Costain, Sophie (DEFA) Sent: 17 January 2020 14:40 To: Callow, Jo (DEFA); DEFA, Planning; Corlett, Sarah Subject: PA 19/01334/B - Sunset Lakes, Ballagyr

Hello

RE: PA 19/01334/B - Sunset Lakes, Ballagyr

A short section of sod bank is proposed for removal to facilitate the access to the new managers lodge and this creates a potential risk to Common Lizards, which are a legally protected species. Common Lizards are included in Schedule 5 of the Wildlife Act and it is an offence to intentional or recklessly kill, injure or take them or damage their places of shelter. Though we have no records of lizards on this particular bank we do have records of lizards within the vicinity of the site and the bank shows moderate suitability, so there is potential that lizards are present.

As well as removing the bank in short sections to allow any lizards to relocate, the Ecosystem Policy Team recommends the inclusion of additional Reasonable Avoidance Measures to ensure the protection of any lizards.

I request that prior to the commencement of development a Precautionary Working Method Statement (PWMS) for common lizards is produced and submitted to planning for written approval. The bank removal should then be undertaken in accordance with the approved statement.

There is also potential for breeding birds to be utilising the vegetation on the side of the bank for breeding purposes. It is an offense under the Wildlife Act 1990 to intentionally or recklessly kill, injure or take any wild bird, or destroy the active nest, eggs or chicks of any wild birds, in addition the hedges may be being used by nesting Schedule 1 birds which are specially protected and it is an offence to disturb them while they are nest building, or at a nest containing eggs or young, or to disturb the dependent young of such a bird.

The PWMS for lizards should take into account the potential presence of breeding birds when thinking about timing of works.

The Ecosystem Policy Team welcomes the inclusion of new areas of sod bank into the design. Once the new banks have been formed, if planting is to be undertaken then Manx native species should be used and it would be beneficial to Common Lizards if areas of refugia such as areas of stone or logs were incorporated onto the banks.

I also request that the proposed boundary screening and low level screening is planted with Manx native tree species.

Best wishes

Sophie

Miss S Costain, Ecosystem Policy Officer Department of Environment, Food & Agriculture, Thie Slieau Whallian, Foxdale Road, St John's, Isle of Man, IM4 3AS Tel +44 (0)1624 685963 Fax +44 (0)1624 685851 Email [email protected] Website: www.gov.im/defa

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