Where is the protection ?

Plantzzman · #1 (**permalink**) 17-09-2011, 05:19 PM

This is something that really gets to me and a few others at present.
In Derby there is a site a developer - as part of a council waste contract wants to build an incineration plant on. As part of the planning process the local wildlife trust requested they carried out a survey for slow worms - I should add the site is owned by the City Council. When a survey was carried out they found no slow worms but they did find a small colony of Common Lizards which is a rare find in Derby - this is currently the only known site. This species is a BAP priority species and is noted to be in decline.
The developer built a holding area on the site (the site wasnt secure itself and the public could access) consisting of a plastic reptile fence and two hibernacula constructed of soil, turf, wood, stone and large plastic tubes. It appears that the lizards were caught 1-2 times - firstly before the planning meeting, then when the application was thrown out the reptile fencing was removed. A second catching took place on the site in mid to late 2010 at the time of a public inquiry which appeared to be 20 in number. The reptile fencing was taken down in one section in early 2011 after the planning inspector threw out the developers appeal (due to a court case which overturned this decision the inquiry continues but no third catching has taken place). Shortly after the fence was opened up a group set up home on the site pulling up the reptile fencing and destroying the hibernacula (for the wood to burn).
This is a so called protected species which it is deemed acceptable to man handle not once but twice in a year and I should add much of the site was also treated with powerful herbicide (although it seems to have done wonders for the teasel beds ! ). We had a very harsh winter compared to recent years and some who have viewed the provided hibernacula have voiced concerns that they may not have given the lizards enough defence from the winter weather.
So it seemed reasonable to ask the council - as land owner what follow up survey work it had carried out - they own the site - they should have a responsibility to show that mans catching and relocation on the site in manmade constructions didnt have an impact on the colony. The council talk alot about biodiversity and such like so surely they have a duty.
- this section of an email came from the City Council
"I am advised by the Wildlife Trust, that there is no duty on us as landowners or indeed value, in monitoring the population on site. Should a development proposal come forward affecting this site either as part of the Secretary of State’s processes or independently, we would continue to take appropriate steps to protect any protected species that are there. "
So nobody has to show at any point if their actions have destroyed a colony of a protected species ! surely that cannot be right ! The comments from the council I should add were later mirrored by a member of staff from the wildlife trust.
Is there little wonder wildlife is at risk when populations of a protected species are treated like this !
You can read some more about our campaign in the campaigns section of the forum but I just wanted to raise the monitoring aspect in the general wildlife section to highlight where other species could be at risk when development proposals are put forward.

fairplay · #2 (**permalink**) 18-09-2011, 08:14 AM

These are the people who would know all the answers, but I am not sure if they deal with the general public. Herpetofauna Consultants International Ltd - Environmental Consultants in Halesworth IP19 9AE - 192.com

They seem to have a sister company called Frodlife which actually used to be based in the nearby town of Halesworth, but now seems to be housed in the same complex as the other consultancy Froglife Ltd. - Triton House Halesworth IP19 9AE United Kingdom : LocalBuzz!

I have tried all their web sites but none seem to be for the general enquiries, but the consultancy have an excellent PDF file http://herpecology.co.uk/wp-content/...port_part2.pdf
This is on great crested newts which have more protection, but is worth reading.

Failing all this, simply contact English Nature, that's what they are here for.

Neil.

The Woodman · #3 (**permalink**) 18-09-2011, 08:54 AM

Plantzzman, forgive me for directing interested readers to this thread where other postings may be of interest....Building proposal for waste incinerator on brown field site in Derby

You are right to raise this issue again. It is incredible that this situation has progressed to this state and the reply by the city council may be factually correct but in my eyes, contradictory.

I understand that a development proposal has been tabled - albeit turned down on appeal - and measures to protect the lizard population put into place at an early stage (despite what you may think of that!) then the council should act on their statement "we would continue to take appropriate steps to protect any protected species that are there."

I cannot understand the advice from the WT via the CC about no value in monitoring the population.

As fairplay advises, I would jack this up with Natural England as the whole situation appears to be a shambolic and embarrassing reflection on the legislation in place to protect our fauna.

The practical problem will be proving that laws have been broken. To do that will mean expert witnesses, further comprehensive survey work, etc. and all the problems of permission to access a hostile site. If this is managed by NE and gets as far as prosecution, it will be handed to the Police and the case subjected to CPS evaluation. The likelihood of proceeding from that point positively may be in the balance.

NE should investigate this high profile case if only to establish better and more robust procedures coupled with more thorough scrutiny and ensuring compliance with existing legislation.

Plantzzman · #4 (**permalink**) 19-09-2011, 09:32 PM

Thanks for both of your replies. Its a mystery to me the whole situation and it highlights the lack of protection many of the things we considered to be protected actually have. As a simple man on the street it strikes me that at the moment you do something to a protected species you have a responsibility for it. You would think this would at the very least mean a monitoring exercise after the lizard fencing was taken down but no this I am told isnt the case. We just PRESUME everything survived even if it didnt and if we dont check I guess nobody can be considered at fault. Sounds a cunning plan to me. I have now been asked by a member of staff from the wildlife trust what I hope to gain from all of this ! all I wish to gain is proof that a protected species has survived mans attempts to confine them !
Even if there is no legal obligation to carry out monitoring you would think either the council as site owner or either the wildlife trust or local reptile group would want to carry out monitoring but oh no everyone seems to want to look the other way !
I wonder what part of government covers wildlife related issues.

Morchella · #5 (**permalink**) 19-09-2011, 11:07 PM

Hi Plantzzman,

This document has info about the process of mitigation TIN102 - Reptile mitigation guidelines I think the problem on your site is that the process is not really geared to projects being abandoned and it sounds like that has happened twice in this case.

Although it's not necessary I think it's likely that the setup for hibernacula and relocation will have been put in place by a qualified Ecologist, you should be able to see the mitigation strategy even if the application was turned down.

Laura

Plantzzman · #6 (**permalink**) 20-09-2011, 09:29 PM

Morchella (Laura),
Thanks for your reply and the link. You raise a valid point about this process not being geared to plans that are stopped, delayed or put on hold.
Through a freedom of information request I was able to get a bit more information about the lizards on the site but not alot.
I will have to contact Natural England

maccyd82 · #7 (**permalink**) 04-10-2011, 08:09 AM

Im curious about the size of the fenced area where they moved the lizards to? To me it sounds like they should have picked an area off site which was not accessible to the public to avoid things happening that are outside of thier control like people damaging the fence. However it would be unlikely that a developer would pay £100,000s to purchase new land if there was suitable habitat on site not being affected.

If an environmental statement was done this should be available for the public to view online on the councils planning portal, which would be interesting to read.

Due to the seasonal constraints of implementing reptile mitigation/relocations we have in the past undertaken relocations before we have got planning permission - its better to do it at the right time than to wait and then disturb hibernating reptiles, or waiting until the following season could delay a multi million £ program of work. However perhaps with a contensious development such as this that was likely to go to public enquiry we would not have done that (all the ones I have worked on have been essential developments such as water pipelines or sewage works extensions, much of which can be done under permitted development and only some elements needed planning permission i.e - we were definitly going to get permission).

When it comes down to it Im not sure they have done anything wrong here, the common reptile species are protected from killing and injury only, meaning a developer should take reasonable measures to avoid impacts on the species. So by relocating them to a fenced area they are doing that, and you just have to hope whoever the ecologist was who did it has given due thought to providing enough habitat to sustain this (small) population.

If you want to monitor the population go to B&Q and buy a roll of roofing felt for a tenner, cut it into squares and do your own survey. If they are no longer there you may have more ammo for your case.

Plantzzman · #8 (**permalink**) 05-10-2011, 06:52 AM

Thanks for your interesting reply Maccyd82 which I will get back to you on soon - got to finish some submissions to the planning inspectorate in relation to the public inquiry.

Brocakat · #9 (**permalink**) 05-10-2011, 06:00 PM

Quote:

Originally Posted by Plantzzman

..........".......... Shortly after the fence was opened up a group set up home on the site pulling up the reptile fencing and destroying the hibernacula (for the wood to burn)...............".

Quote , " a Group " .

Was this group legitimately there ? Or was it "squatting" gypsies/travellers - who had no authorised right/permission to be there ?

Surely they would have had to unlock gates/locks of this development site in order to quote , " set - up - home " ? A travelling 'group' shouldn't simply move-in,onto Council Land, and if they do so -should be served asap with the usual eviction notice.

It sounds to me that the Council were/are simply not-that-bothered about very much to do with the site.

maccyd82 · #10 (**permalink**) 06-10-2011, 09:20 PM

Just clicked through Woodman's link to the other thread and read the reptile report.

I think they maybe could have found more reptiles if they had spread out their surveys more and not done them in what they admit was a very hot august. Sometimes thats just the way it works if the job came in at the last minute and then there was a deadline for the report for the planning inquiry perhaps. It was good to see they were investigating off site receptor areas.

Just wondering if this was all the information that was provded on the mitigation of if a seperate report was produced, a more specific mitigation and monitoing plan?

Although technically under the WCA the animals are protected and not the habitats there are other mechanisms where ecologists have to consider their conservation status long term e.g BAP, Nerc Act, CROW Act and PPS9. however they do seem to have considered this in the report.

Sounds like from others the prep for the fenced area wasnt done very well though! Ive spent all summer doing badger work so its nice to have a think about reptiles for a change!!