Petition updateStop the proposed waste recycling depot at Abbots Depot, Oakleigh Road SouthBarnet Council and the law: waste in Abbots depot
PATRICIA MCGRADYUnited Kingdom
Sep 29, 2015
Dear Friends and Supporters Below is our email to the council drawing their attention on the fact that taking any decision against of for the relocation of the Mill Hill waste in Abbots Depot is illegal due to the incomplete bat survey they have submitted. Bats are protected by UK, EU and international law... I wish humans were as well in our case.... RAAD Barnet 11:29 (3 minutes ago) to Planning, Andrew, cllr.w.prentice, cllr.m.braun, cllr.c.farrier, cllr.e.greensp., Cllr, Cllr.T.Roberts, cllr.a.slocombe, Cllr, Cllr, Cllr, Anne, cllr.d.kay, cllr.s.khatri, cllr.g.rozenbe., cllr.l.williams, cllr.s.sowerby, cllr.m.cohen, Cllr, Cllr, Cllr, cllr.d.thomas, Andrew, Waltraud Dear Councillors and Council Officers, We just wanted to bring to your attention the law about protected species in the UK and EU, like bats and the incomplete bat survey you have submitted in the planning application for the relocation of the Mill Hill waste to Abbots Depot, N11. The application is to be discussed on a planning committee meeting on 1st Octoberm 2015 at 7pm on Hendon Town Hall and before this goes ahead you might want to consider the below: The National Planning Policy Framework includes a note to all Local Planning Authorities: that legal advice on wildlife and planning can be found in ODPM 06/2005. If you look at this document in paragraph 100, it clearly states that when European Protected Species are present (ie bats) – then their presence is of 'material consideration'. The effect of any proposed development must be presented to the planning committee prior to the determination of a planning application. However, although bats have been detected on the application site, the bat surveys were incomplete as they failed to look for bat roosts which have the same degree of legal protection ie they must not be destroyed, as this would affect bats – even when the bats are not present. Therefore as information on bat roost sites in Abbots Depot is lacking, it will be contrary to the advice to LPAs given in the NPPF and also in ODPM 06/2005. Furthermore, it determination of this application may then contravene the Habitats Directive on European Protected Species and therefore contravene the Wildlife and Countryside (as amended) Act 1981, and also contravene the Conservation of Habitats and Species Regulations 2010, paragraph 9 and also paragraph 41. Felling trees that have bat roosts is unlawful – unless a DEFRA licence is obtained from Natural England. A licence cannot be given until a proper bat survey has been undertake – which clearly has not been done. Quite simply, voting in favour or against this application is unlawful for reasons given above. Undertaking an unlawful act may lead members of the public to seek legal advice against those who press for determination before all facts are known. PLEASE DO NOT FORGET: The planning committee meeting that will decide the quality of our lives has been determined for: THURSDAY 1ST OCTOBER, 2015 AT 7.00 PM VENUE HENDON TOWN HALL, THE BURROUGHS, LONDON NW4 4BQ WE SHOULD ALL BE THERE Kind regards Stamo
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