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Bugs day in court ends in disappointment

The first legal test of recent wildlife protection laws ended in bitter disappointment today. Mr Justice Mitting dismissed the application to quash planning permission granted by Thurrock Development Corporation to build a Royal Mail distribution centre on the endangered wildlife habitat of West Thurrock Marshes.

The decision comes after a two-year struggle by conservation charity Buglife to stop the destruction of one of the UK’s most important wildlife sites.

Wildlife campaigners are very concerned about the implications of the ruling for Britain’s wildlife. Particularly as the significant and permanent impacts on wildlife identified by the developer in the Environment Statement were discounted by the Court.

The judgment seemed to set a precedent that Development Corporations will not have to follow national planning guidance on protecting biodiversity if this conflicts with the Court’s very narrow interpretation of their regeneration role as requiring all land to be brought into productive commercial use, regardless of its wildlife importance.

West Thurrock Marshes
West Thurrock Marshes - a wildlife oasis that faces destruction © Greg Hitchcock

The judge dismissed the 2006 Biodiversity Duty that applies to all Public Bodies as being a ‘weak one” and experts are now looking at the implications of this for the future of wildlife conservation in the UK.

“We are immensely grateful to everyone who has supported this campaign to date. Unfortunately, if it stands this judgement is a huge setback for wildlife” said Matt Shardlow, Director of Buglife. “The Biodiversity Duty had been widely hailed as a significant step forward for the conservation of our disappearing wildlife; this result demolishes that view”.

Buglife is currently considering whether to appeal the decision.

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For further information contact Jamie Roberts or Matt Shardlow on 01733 201 210

Notes for Editors

West Thurrock Marshes

West Thurrock Marshes on the banks of the river Thames was once a flower-rich marshland. A power station was built there after the war and large areas were used as a dumping ground for fuel ash. When the power station closed down in the early 1990s wildlife began to return. Incredibly, the site is now one of the richest and most important wildlife sites in the UK, home to over 1300 species of invertebrate, bird and plant. Many of the animals were once inhabitants of the now largely destroyed flower rich grasslands and upper saltmarsh of the Essex coast and are today extremely rare and endangered; there are 36 species listed in the Government’s Red Data Book of rare species and seven animals prioritised for UK conservation action.

The legislation and policy framework

The Natural Environment and Rural Communities Act (2006) Biodiversity Duty

Section 40(1) of the NERC Act places a direct statutory duty to conserve biodiversity on all public authorities:

Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity.

By section 41(3), the Secretary of State must take such steps as appear to him to be reasonably practicable to further the conservation of the living organisms and types of habitats included in the list of species of principal importance (the UKBAP list). He is further required to promote the taking by others (such as public bodies) of such steps to further the conservation of the statutory priority species.

Planning Policy Statement 9: Biodiversity and Geological Conservation (PPS9)

PPS9 (August 2005) contained two important new protections for biodiversity in general and for UKBAP species in particular:

The new alternative sites principle. This favoured the locating of any development which stood to compromise biodiversity at alternative sites resulting in no or less harm

A new requirement that planning authorities should refuse permission where harm to the species or their habitats would result, unless the need for, and benefits of, the development clearly outweighed the harm.

Examples of species threatened by the Royal Mail development

The Distinguished jumper (Sitticus distinguendus): a charismatic spider found on only two sites in the UK – both threatened brownfield sites. The spider has recently been added to the Government biodiversity conservation list that requires its protection.

The Brown-banded carder bee (Bombus humilis) and Red-shanked bumblebee (Bombus ruderarius) depend on the large areas of flower-rich grassland, most of which will be destroyed by the development. Both these bumblebees have declined massively in the UK and are now in a perilous position.

The Saltmarsh shortspur beetle (Anisodactylus poeciliodes): a large proportion of the habitat of this rare and endangered beetle will be lost – replaced by a car park.

Despite the Royal Mail Group’s Post OfficeTM advertisements featuring happy ants, the ants on this site will be less amused. The new development will stamp out a population of the rare Hump-backed red ant (Myrmica bessarabica).