Petition updatePROTECT WICKLESHAM QUARRY FROM DEVELOPMENTRestoration not complete & pond habitats "not protected in law" state Oxfordshire County Council
Anna HoareSwindon, United Kingdom
Aug 18, 2017
Oxfordshire County Council has acknowledged that the Restoration Scheme will not be completed before March 2018. Laying of hedgerows, grass planting, and constructing fencing to the ponds remain to be carried out. The completion date was supposed to be 30th September 2017, after a Breach of Conditions Notice was issued to Grundon Ltd in December 2016. According to Director of Planning and Place, Susan Halliwell, the stripping of trees and vegetation from the ponds was not illegal, because they were not protected. She also claims that retaining the pond vegetation and trees was not part of the planning conditions. I have written to her rejecting these assertions, quoting the planning conditions and the law, and reminding her that the ponds are S41 UK BAP Priority Habitats under the NERC Act 2006. Condition 20 of Grundon’s planning permission for the Restoration Scheme states: “No works shall be carried out other than in accordance with the approved mitigation and enhancement scheme section 6 (Mitigation Measures) of the Extended Phase 1 Habitat Survey Report dated September 2012, the Reptile Method Statement submitted 28 February 2013, the Tree Planting & Grassland Mix dated 28 February 2013 and section 1.8 of the 2013 Great Crested Newt Refresher Surveys (enzygo 2013) report dated 5 July 2013. Reason: To ensure the protection of flora and fauna and to ensure that the development does not result in the loss of biodiversity Policy: VoWHLP NE5.” The GCN Refresher Survey by Enzygo Ltd states: "18.8 Edge habitat will be maximised... The pond will be allowed to colonise with flora and fauna naturally." I have also reminded Ms Halliwell of the provisions of the Conservation of Habitats and Species Regulations 2010, which prohibit: “Damage or destruction of an EPS breeding site or resting place.” It is quite clear that the damage carried out to the ponds - which are habitats in the full sense - is a breach of the planning conditions cited above, resulting in loss of biodiversity, and threatening the ecology of the water bodies, including the European Protected Species that they support. It should be obvious that plants, insects, pond nutrients and water together constitute the protected habitat, and the felling of trees (many of which grew inside the water) and removal of vegetation constitutes an offence as well as a clear breach of planning conditions. Ms Halliwell has also suggested that I should report Grundon's failure to obtain a mitigation licence to Natural England! Since apparently it is of no concern to the County Council! In my view Oxfordshire County Council is wholly responsible for taking appropriate action in relation to this situation. Rather than acting in accordance with planning conditions (including the Enzygo Report,) which specifically included the requirements to obtain a Mitigation Licence and to allow the ponds “to colonise with flora and fauna naturally”, Grundon did exactly the opposite. Now it appears that Oxfordshire County Council is trying to cover up their own failures. I have asked the County Council to arrange a new survey of the ponds to assess the full extent of the damage that has been caused, which I suspect may exceed what we have seen in the photographs. Please will you add your voice as a matter of urgency? You can contact Susan Halliwell by email to: susan.halliwell@oxfordshire.gov.uk. Please copy your letter or email to Bev.Hindle@oxfordshire.gov.uk, and County and District Councillor, yvonne.constance@whitehorsedc.gov.uk. If you would like copies of my 2 letters, and that of Ms Halliwell, please email me at protectwicklesham@gmail.com & I shall send them to you. Without the persistent intervention and objections of Wicklesham Quarry supporters, it is highly unlikely the Restoration Scheme would ever have been started or carried out. We must not stop now! Without our collective vigilance, the fragile biodiversity of this Conservation Target Area is undoubtedly at risk. Please let Oxfordshire County Council know of your concerns. The CrowdJustice Appeal remains open and welcomes your donation! Please click on the link below. https://www.crowdjustice.com/case/protect-wicklesham-quarry-legal-costs/ Please get in touch at@protectwicklesham@gmail.com. Thank you for your support! Don't forget to like & follow us on Facebook! https://www.facebook.com/Protect-Wicklesham-Quarry-from-Development-527756767390043/
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