Network Rail regulation and performance

24.07.07

Practical ecological solutions from Keystone Environmental

Railways, which served to open up the UK, have coalesced into essential biological corridors and reserves for flora and fauna, largely because they have not been ploughed, fertilised or subject to the disturbance experienced by surrounding farmland. Many of the species occupying railways receive some form of protection under The Wildlife and Countryside Act 1981 (and amendments). Failure to adhere to this legislation can result in a £5,000 fine per animal and/or a six month prison sentence.

Such protection for wildlife presents significant constraints on essential repair and maintenance work on the rail network. Keystone Environmental are able to overcome these issues and allow works to proceed on behalf of clients, whilst avoiding costly programme delays. Through innovative thinking, practical schemes to enhance railside habitat and preserve wildlife populations can be achieved.

Protected animals which are most frequently encountered are reptiles, badgers, great crested newts, dormice, bats and a range of nesting birds. Each has a unique survey window which means that surveys to establish presence/absence and population size have to be carefully timed to coincide with the optimal survey season. Since the introduction of The Countryside and Rights of Way Act (2000), companies responsible for land use change can no longer rely on the defence that activities prohibited under The Wildlife and Countryside Act (1981) were not ‘intentional’ as the CRoW Act replaced the word ‘intentional’ with the term ‘reckless’. For example, it would be considered reckless to kill or injure a species or disturb or destroy its habitat, without first demonstrating, in accordance with accepted survey standards, that the species concerned was absent.

They therefore advise clients to carry out simple ecological constraints surveys during the winter, preferably a year prior to works commencing, to determine which species may be present, although they are able to carry out constraints surveys at any time of year. This will enable detailed phase II survey programmes to be produced in advance of the optimum spring/summer survey season. Keystone Environmental are Link-up approved and their surveyors hold PTS cards. Once constraints are fully identified their highly motivated staff, qualified in the whole range of ecological disciplines, will then use their expertise to develop original solutions that are practical, cost effective and suit clients’ needs without being over-designed.

Great crested newts, bats, dormice, sand lizard and smooth snake receive additional protection under The Conservation Regulations 1994, which means that licenses must be obtained from Natural England to permit activities which would disturb, damage and/or destroy the species concerned and/or their habitat/place of shelter. To obtain a licence, comprehensive method statements must be produced which demonstrate that the conservation status of the species concerned will be maintained. This can include extensive mitigation measures, post development management and monitoring. Licenses are legally binding documents and any alterations to the methodology must be approved by the amendment and resubmission of the method statement, a process that can take several weeks. It is therefore essential that licences are produced by an experienced ecological consultancy such as Keystone Environmental which has successfully obtained licenses for numerous rail schemes.

Unlike most ecological consultancies, Keystone Environmental have an in-house ecological contracting department which implements the mitigation schemes they design. This ensures a seamless transition from design to implementation and saves clients’ time, money and hassle. It also ensures that licence requirements are stringently adhered to.

When identified and assessed at an early stage in a project, ecological constraints need not be an obstacle to maintenance and development of the railways and our native wildlife can flourish side by side a modern transport network.

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