Title: Property Developer Ordered to Pay £14,435 for Breaching Bat Licenses: A Lesson in Environmental Conservation
Introduction:
In a recent case, a property developer based in Derby has been fined £14,435.17 for breaching the conditions of a European bat mitigation license. Patrick Weekes, the defendant and owner of Radbourne Construction Limited, pleaded guilty to four offenses relating to a housing development near Ashbourne, Derbyshire. The breaches, which resulted in harm to protected bat species, were considered significant by Natural England, leading to prosecution and subsequent penalties.
1. The Background of the Case:
– Weekes was issued a European bat mitigation license in October 2020, allowing him to carry out activities such as capturing, disturbing, transporting, and damaging roosting sites of protected bat species.
– The breaches were discovered when Natural England was informed of possible violations of the license in October 2022.
– Natural England decided to prosecute because the breaches had affected the welfare and conservation status of the bats.
2. The Charges and Consequences:
– Weekes pleaded guilty to four charges in relation to the development in Harehill.
– The court fined him £3,200 and ordered the payment of a victim surcharge of £1,280.
– Weekes was also required to pay full prosecution costs amounting to £9,955.17.
– The penalties highlight the seriousness with which breaches of environmental regulations are treated and the need to protect endangered species.
3. Details of the Breaches:
– One of the breaches involved the use of roofing material that was different from the one agreed upon in the license. The defendant used a breathable roof membrane instead of the non-breathable bituminous asphalt fabric, which posed a significant risk to bats, as they could become entangled and injured.
– The agreed compensation and mitigation measures, including specific cracks in the ridges and access tiles for bats, were not implemented as required. Furthermore, the defendant failed to reserve attic space for brown long-eared bats, thereby affecting their mating habits.
– The maternity chicken coop did not meet the license requirements and was deemed unsuitable for the bats.
– Post-development monitoring, essential for assessing the success of bat impact mitigation and offsetting measures, was not completed as agreed.
– The defendant also stripped the roof of a farm without ecological supervision, posing a risk to bats present in the area.
4. Significance of Compliance and Environmental Responsibility:
– The court highlighted that Weekes ignored advice from Natural England and his own ecological advisor, demonstrating a disregard for professional advice.
– Failure to carry out mitigation work as ordered by Natural England worsened the impact on bats and their conservation status.
– Natural England’s National Delivery Director emphasized the importance of enforcing regulations when protected species are put at risk, ensuring their welfare and conservation status.
– The Bat Conservation Trust’s Wildlife Crime Project played a vital role in assisting Natural England with this case.
5. Legal Protection and Favorable Conservation Status:
– All bat species are legally protected under the Habitats and Species Conservation Regulations 2017 and the Wildlife and Countryside Act 1981.
– Breaching or failing to comply with conditions specified in a license issued by Natural England is a criminal offense.
– Favorable conservation status refers to the optimal thriving state of a species throughout its natural range. It is a key consideration for licensing decisions to ensure continued species conservation.
Conclusion:
The case of the Derby-based property developer facing penalties for breaching bat licenses serves as a reminder of the significance of environmental compliance and responsibility. Protecting endangered species and their habitats should be a priority for developers and individuals alike. By adhering to regulations and seeking professional advice, developers can actively contribute to conservation efforts. The enforcement actions taken by Natural England highlight their commitment to conservation and the prosecution of those who put protected species at risk. It is vital that construction projects balance progress with environmental stewardship to safeguard our biodiversity for future generations.
Summary:
A Derby-based property developer has been ordered to pay a total of £14,435.17 for breaching bat licenses issued by Natural England. The breaches involved the use of incorrect roofing material, failure to implement compensation and mitigation measures, unsuitable maternity chicken coops, incomplete post-development monitoring, and unauthorized stripping of a roof. The defendant pleaded guilty to four offenses and was fined, emphasizing the importance of environmental compliance and conservation of protected species. The case serves as a reminder of the need for responsible development that prioritizes the welfare and conservation status of endangered species.
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- The Derby-based property developer will pay a total of £14,435.17
- Defendant pleads guilty to four charges relating to Ashbourne development
- The court said the defendant ignored advice from Natural England and the environmentalist
A Derby-based property developer has been ordered to pay a total of £14,435.17 in proceedings brought by Natural England for breaching the conditions of a European bat mitigation license for protected species.
On 4 September 2023, at South Derbyshire Magistrates’ Court, Patrick Weekes, aged 55, of Radbourne Construction Limited, Vernongate, Derby, pleaded guilty to four offenses relating to a housing development in Harehill, near Ashbourne, Derbyshire.
He was fined £3,200 plus a victim surcharge of £1,280 and ordered to pay full prosecution costs of £9,955.17.
In October 2020 the defendant was issued a European bat mitigation license for protected species.
The license permitted the capture, disturbance, transport and damage to the roosting sites of long-eared bats (Plecotus auritus) and common pipistrellus bats (Pipistrellus pipistrellus).
And it also allowed the destruction of a breeding site for brown long-eared bats.
The court was told that Natural England Wildlife Licensing Service had been informed of possible breaches of the license issued to the defendant in October 2022.
Natural England made the decision to prosecute because the breaches were considered to be so significant that they had affected the welfare and favorable conservation status of the bat species involved.
The gaps left the brown long-eared bats without adequate maternity roost within the site.
They also significantly reduced the suitability of roosting opportunities for common pipistrelle bats, as well as endangering the well-being of both species.
Following a compliance check, Natural England’s compliance team led a multi-agency site visit in February 2023 which demonstrated that the defendant had breached the conditions of its license on four charges:
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Type 1F bituminous asphalt fabric with burlap matrix could not be installed as agreed in the license. This roofing material is designed to be non-breathable, which mitigates risks to bats. Breathable roof membranes, such as the one installed by defendant, can cause bats to become entangled in loose fibers, causing injury and/or death. This is a significant risk to the welfare of bats.
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Compensation and mitigation measures were not installed as agreed in the license. Mitigation and compensation measures are included in the licenses to reduce harm to bats, mitigate any impacts and, where impacts cannot be mitigated, compensation is designed to maintain favorable conservation status as required by legislation. In this case, agreed compensation in the form of several specific cracks in the ridges and access tiles to allow bats to rest within the roof was not installed, and attic space in one building was reserved to compensate for the loss of a long-eared bat. brown. The maternity chicken coop was not suitable and did not comply with the requirements established in the license.
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Post-development monitoring could not be completed as agreed in the license. Monitoring is vital to understand whether bat impacts have been successfully mitigated and offset, as well as to determine if there are any issues with offsetting that need to be addressed to ensure they remain suitable for use by bats.
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Stripping the roof of a farm that housed a pipistrelle daytime shelter without direct ecological supervision, as agreed in the license. Environmental supervision is required whenever there is a risk that bats may be found, such as tearing down the roof of a property with a confirmed presence of bats. This requirement is to ensure that the works are carried out in a bat-friendly manner and, if any bats are found during the process, they can be safely transferred to a suitable bat box on site.
In sentencing the defendant, the court noted that he had acted in contravention of professional advice provided by both his own ecological advisor and Natural England.
Furthermore, the defendant failed to carry out work to mitigate the harmful impact on bats when ordered to do so by Natural England.
Steph Bird-Halton, National Delivery Director at Natural England, commented:
“Natural England does not take the decision to prosecute lightly.
“However, where individuals or businesses put the welfare or favorable conservation status of protected species at risk, we will not hesitate to take specific and proportionate enforcement action.
“I would like to thank the Bat Conservation Trust’s Wildlife Crime Project for the assistance they provided in this case.”
Additional Information
All bat species receive legal protection as European Protected Species under the Habitats and Species Conservation Regulations 2017 and the Wildlife and Countryside Act 1981.
It is a criminal offense to contravene or fail to comply with any condition of a license issued by Natural England, in accordance with Regulation 60(1) of the Habitats and Species Conservation Regulations 2017.
Favorable conservation status of a species refers to the situation in which a habitat or species thrives throughout its natural range and is expected to continue to thrive in the future.
Ensuring that Favorable Conservation Status is maintained following any licensing action is key to all European licensing decisions for protected species made by Natural England.
For more information about Natural England’s legal compliance responsibilities and how to report suspected crimes, visit:
https://www.gov.uk/guidance/enforcement-laws-advice-on-protecting-the-natural-environment-in-england
natural england
Natural England, founded in 2006, is the Government’s independent adviser on the natural environment.
Our work focuses on improving England’s wildlife and landscapes and maximizing the benefits they bring to the public.
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