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Haconby pensioner disappointed in council over protected species




A Haconby pensioner, who found a protected species great crested newt in his own garden, is disappointed in the way South Kesteven District Council handled a planning application.

Frank Bird (74) lives in Hall Road and says he didn’t object to a plan for four homes to be built the other side of his garden fence - in Main Road - but in September or October he asked the council to address the potential for great crested newts being on the land.

He said: “Nothing happened. My daughter sent an email saying ‘we are a little bit disappointed in the planning department’."

Frank Bird with a picture of the great crested newt he found on his patio
Frank Bird with a picture of the great crested newt he found on his patio

Mr Bird said he spoke to a council official, and claims he was told: “As far as we are concerned, there is nothing we can do - if you feel aggrieved phone the police.

“I said that’s a little bit overkill for the sake of you sending a letter to the applicant asking them to do a survey.”

Mr Bird was in contact with the council again after a second application was made in December and says he was again told to call the police.

The pensioner admits he has no evidence for there being great crested newts on the application site.

But he says he has seen great crested newts in his own garden - and photographed one on his patio on October 16 - and several of his neighbours have reported seeing them in their gardens.

A letter on the council planning portal makes it clear steps have been taken to check for great crested newts.

Matt Hubbard, from planning and development consultancy The Planning Hub, says in a letter to the council: “In an email to you on the 24th January 2020, the applicant stated:

“We are aware of the reported sighting for a GCN. This has never been confirmed. I have also asked six neighbours around the property. None of them have ever seen one (I showed them a picture of what one typically looks like). I also asked the previous owners (they still live in the existing house) who have lived there for 40 years. They also have never seen one.

“I personally have also spent a great deal of time closely examining all parts of the garden (and especially the pond) and have not seen one.

“Nevertheless we are aware of the laws and will abide by them at all times. Should we see a GCN, work will stop immediately and we will contact the relevant authorities.”

The Free Press asked the council for a comment and received the following on February 20.

A council spokesman said: "The police, not the planning authority, are responsible for the enforcement of the Wildlife and Countryside Act 1981 which gives protection to various species, including great crested newts.

"In this case planning permission was granted for the demolition of various outbuildings and the construction of four dwellings before the possibility of any protected species was reported to the council.

"Although a revised application is currently being considered, and has not yet been determined, it does not over-ride the original planning permission.

"SKDC has to consider ecology in determining planning applications and has raised the matter with the developer.

"Planning enforcement action can be considered in instances where development is carried out without the necessary planning permission. However, it remains a matter for the police if activities on the site have harmed or disturbed any protected species."

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