Garden next door being developed

[Billabong Karen]

I am worried about the situation next door, where an old couple lived for years. I have just discovered they have sold their house and garden, which is quite large, to a developer, who is going to build two semi-detached houses on it. All quite understandable, but I am worried about what will happen to the little pond at the bottom of their garden... I am certain it will be filled in. This is a shame, as it forms part of a chain of wildlife ponds all along the street.

I have spoken to Mrs Neighbour, and she says I can go in and fish anything I want out of the pond and take it over to mine, as well as taking any plants I want. I dont think building will start until the spring, but of course this will be the worst time for the frogs and newts. I thought I would go over and have a look this weekend, and rescue anything I can see, and do the same in the spring, hopefully before the pond gets filled in...

Thoughts, anyone?

[GCN lova]

thats very sad... i think youre doing the right thing but leave any adult newt/frog/toads. i would move any tadpoles/ newt larvae though. adult beetles and many other animals can fly to other ponds anyway.

hope this helps, GCN lova

[JeffH]

As the occupier of a neighbouring property you should have had (or should receive) notice of any planning application(s) and have/will have the right to object if the proposed re-development has any adverse impact on your property, though to be honest I very much doubt that the loss of a garden pond will be a sufficiently strong objection unless it contains any protected species such as Great Crested Newts

Jeff
(Schedule 1 Licence holder for Kingfishers, Barn Owls and Avocets)

[galanthophile]

Good luck with the rescue. Hopefully if there are other ponds in the street the residents will also "move house".. They ceratinly have a lot to contend with. If it wasn't for garden ponds there'd be no frogs, toads and newts!

[Ukwildlifeo]

Originally Posted by JeffH

As the occupier of a neighbouring property you should have had (or should receive) notice of any planning application(s) and have/will have the right to object if the proposed re-development has any adverse impact on your property, though to be honest I very much doubt that the loss of a garden pond will be a sufficiently strong objection unless it contains any protected species such as Great Crested Newts

Jeff
(Schedule 1 Licence holder for Kingfishers, Barn Owls and Avocets)

Sadly even if the pond contains Great crested newts and they don't carry out the required mitigation, the cost of the fine will greatly outwayed by the amount of profit from the development

[The Woodman]

Ask your local planning authority to consider requesting the developer to complete a seasonal GCN survey especially if you have evidence of or have been GCN's in neighbouring ponds. It's only a question of ticking a box on the application form to confirm the presence of protetced species or not as the case may be. The easiest way out for many developers is not to tick the box.

This request will not be an objection to development but a request to comply with PPS 9 - Planning Policy Statement 9: Biodiversity and Geological Conservation which requires developers to protect and enhance biodiversity.

The Natural Environment and Rural Communities Act 2006 lists GCN as a species of principle importance under Section 41 and Section 40 requires every public body in the exercising of its functions (in relation Section 41 species) have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity making CGNs a material consideration in the planning process. A comprehensive ecological survey must be completed before planning permission can be granted.

Mitigation will be prescribed in the survey report and should become a condition of consent.

This is where recording local species pays off. The appointed consultant ecologist will do a table top survey and if a location is recorded as positive, the need for further enquiries and surveys will be recognised.

[JeffH]

Originally Posted by Ukwildlifeo

Sadly even if the pond contains Great crested newts and they don't carry out the required mitigation, the cost of the fine will greatly outwayed by the amount of profit from the development

Indeed so Neil and although probably not directly relevant to Karen's situation, I'm sure you'll agree that the weakness of some of our wildlife protection laws shouldn't deter anyone with knowledge of the presence of any protected species at a proposed development site from bringing this to the attention of the planning authorities as early as possible so that the necessary ecology survey can be insisted upon and any mitigation conditions applied

Jeff
(Schedule 1 Licence holder for Kingfishers, Barn Owls and Avocets)

[Billabong Karen]

Sadly, although we have plenty of newts, I have never seen any great cresteds among them. Would it be worth asking the local planning authority to request an ecological survey anyway?

The garden in question is really quite long, and it would in fact be possible to build at the front of the property without destroying the habitat totally. Unfortunately, I dont think the garden as it stands will appeal to new buyers, as it has all kinds of garden buildings in it - greenhouse, grotty old garage, wooden hut etc, and the pond is not exactly a thing of beauty either... I was wondering whether it would be possible to encourage the developers (or the new owners) to create a replacement pond at the bottom of the property, although I do understand that this might be a problem if there are young children moving in.

[Tursiops2]

Would there be any mileage in offering to buy that section of the garden? (probably too late now, but thought I'd ask)

T2

[Billabong Karen]

I was thinking about that too actually, but the whole lot has been sold