Natural England - Yorkshire Company receives record fine for wildlife crime
Yorkshire Company receives record fine for wildlife crime
13 March 2009
Natural England today welcomed the conclusion to a long running legal battle over crimes against protected wildlife. Yorkshire developer Essential Vivendi Ltd have been fined £11,500 and ordered to pay £50 costs for intentionally and recklessly destroying and damaging the shelter of wild animals. This is the largest single fine for offences involving great crested newts.
The development company pleaded guilty of the offence against great crested news at Scarborough Magistrates Court on 13th March 2009.
The court heard that habitat next to newt breeding ponds at The Bay development in Filey was damaged when the companies ordered vegetation clearance, landscaping and construction work.
Following similar breaches of legislation at the same development in 2002, Natural England, Scarborough Borough Council and North Yorkshire Police had worked together to persuade the developers to take newts into account when carrying out their works. Unfortunately it appears this advice was not heeded.
Peter Nottage, Natural England’s regional director for Yorkshire and the Humber said “We are always disappointed and saddened when cases end up in court as it means wildlife habitat has already been lost or damaged.
We have repeatedly advised the developers how they could proceed with their plans whilst taking newts into account. We’re frustrated that the habitat destruction was just so unnecessary and has wasted a lot of time and resources. Hopefully today’s ruling will remind others in the construction industry to take protected species into account at an early stage.
We will continue to work in partnership with owners and occupiers across the country to ensure damage of this kind is limited.”
Mr Nottage continued “Thousands of great crested newt populations have been lost in the last century, many to developments built where newts were not considered. The law now protects declining species like the great crested newt, and many developers easily comply by getting early specialist advice, and by talking to us.”
Notes for editors:
For further information please contact Emma MacDonald in Natural England’s Yorkshire and Humber press office on 0113 2303533, 07900 608073 emma.macdonald@naturalengland.org.uk
There were three offences in the case; on ponds 4,1 and 5. The company was charged £3000 for offences on pond 4 and £4250 for offences on ponds 1 and 5.
There is a fine of up to £5,000 and/or up to 6 months imprisonment per offence. Previous convictions relating to great crested newts in other parts of the country have involved fines of £250 to £8400. The Police are responsible for investigating offences relating to protected species and the Crown Prosecution Service are responsible for taking the prosecution. Natural England provides support when investigating allegations.
Great crested newts receive strict legal protection under European law because they have declined dramatically over the last century. This decline has been due to a range of factors including agricultural intensification, lack of pond management, fish introductions, and - as at Filey – habitat loss through development. It is estimated that between the 1960s and the 1990s around 40,000 great crested newt ponds were lost. Fortunately the rate of loss has slowed thanks to legal protection and better awareness. Whilst the species remains widespread in lowland England, it is much less common in Europe and still requires safeguard, habitat management and pond creation to ensure its conservation status is maintained.
Where protected species are present on development sites, or there are reasonable grounds to suspect they may be there, then specialist surveys are required. Once a survey and impact assessment has been done, Natural England discusses the issue with developers and their ecological advisors. In many cases there are ways to avoid serious harm, for example by altering development layouts, and often new habitats can be created by developers to offset any losses. Developers can minimise delays and costs by seeking specialist ecological advice at an early stage.
Natural England works for people, places and nature to conserve and enhance biodiversity, landscapes and wildlife in rural, urban, coastal and marine areas. We conserve and enhance the natural environment for its intrinsic value, the wellbeing and enjoyment of people, and the economic prosperity it brings www.naturalengland.org.uk