Press Release
For immediate use (14th February 2014)
Derbyshire Wildlife Trust launches legal action to halt cycle track on The Sanctuary
Derbyshire Wildlife Trust has today started a legal challenge against Derby City Council’s decision to grant planning permission for a cycle track on The Sanctuary Local Nature Reserve.
Following legal advice, the Trust has written to the Council to formally request that it ceases the site clearance work that has already begun on The Sanctuary. If work doesn’t stop immediately, the Trust will apply for a court injunction requiring them to stop.
The letter also outlines the grounds on which the Trust will seek a judicial review of the planning committee’s decision to approve the track. Conservation Manager Tim Birch explained: “A judicial review is a court proceeding that looks at the legality of a decision made by a public body. We have been advised that we have grounds to seek such a review on two counts – the absence of a winter bird survey of the nature reserve, meaning that there is incomplete information about its wildlife, and the offer of a compensatory site at Alvaston Scrub, which is inappropriate and inadequate.
“This is such an important issue both locally and nationally that we felt we had to explore all options to protect The Sanctuary. Destruction of the wildlife habitat on this Local Nature Reserve sets a dangerous precedent that makes other local nature reserves in Derbyshire and around the country vulnerable to development. If Derby City Council is prepared to build on this LNR, which will be the next they line up for development? Our wildlife continues to decline and it is vital that we do all we can to protect our local nature reserves. “
ENDS
Media enquiries: Derbyshire Wildlife Trust, 01773 881188
Editor’s notes
The bird reserve, opened ten years ago by Margaret Beckett MP whilst Secretary of State for the Environment, has offered Sanctuary to over 90 different species of bird. It includes important open mosaic grasslands and wet rushy habitat, a small lake, dragonfly pools and special gravelled areas for ground nesting birds to use. The area currently under threat is known as ‘Skylark grassland’ for obvious reasons, but has even played host to the rare Dartford Warbler.
For tables of birds recorded see Section 3, and for conclusions see section 5 of Derby Council’s Environmental Impact Assessment.: https://eplanning.derby.gov.uk/acolnet/DocumentsOnline/documents/73632_1.pdf
Establishment of The Sanctuary attracted the equivalent of around £200k in sponsorship, grants and other donations. It won two environmental awards, and its Management Plan for 2011-2021 (commissioned by Derby City Council) highlights that “it is the bird assemblage, particularly the group of ground-nesting species that makes this site unique within the city.“
Facebook: https://www.facebook.com/TheSanctuaryDerby
Twitter: https://twitter.com/SanctuaryLNR
Coalition consists of Carsington Bird Club; Darley & Nutwood LNR Management Group; Derby Natural History Society; DerbyRSPB Local Group Members Derby Tree Warden Network; Derbyshire Amphibian and Reptile Group; Derbyshire Bat Group; Derbyshire Mammal Group; Derbyshire Ornithological Society; Derbyshire Wildlife Trust; Derbyshire & NottinghamshireEntomological Society; East Midlands Region RSPB; Friends of Sinfin Moor Park LNR; Pleasley Pit Nature Study Group; Wessington Green LNR Management Group
Local Nature Reserves
Natural England states “A Local Nature Reserve (LNR)is for both people and wildlife. LNRs offer people special opportunities to study or learn about nature or simply to enjoy it. All district and county councils have powers to acquire, declare and manage LNRs. To qualify for LNR status, a site must be of importance for wildlife,geology, education or public enjoyment. There are more than 1,500 LNRs in England. They range from windswept coastal headlands, ancient woodlands and flower-rich meadows to former inner city railways, abandoned landfill sites and industrial areas now re-colonised by wildlife. In total they cover about 35,000 ha. They make an important contribution to England's biodiversity.
By declaring Local Nature Reserves (LNRs), local authorities can provide many benefits for both people and wildlife. To increase people's awareness and enjoyment of their natural environment; provide an ideal environment for everyone to learn about and study nature; help to build relationships with national and local nature conservation organisations and local people; protect wildlife habitats and natural features; provide a great opportunity for people to become involved in managing their local environment; offer a positive use for land which they would prefer was left undeveloped; make it possible to apply bye-laws which can help in managing and protecting the site. In addition, because Local Nature Reserve is a statutory designation, it is a very clear signal to a local community of the local authority's commitment to nature conservation.
Natural England recommends to local authorities that LNRs should be greater than 2ha in size; capable of being managed with the conservation of nature and the maintenance of special opportunities for study, research or enjoyment of nature as the main concern; it also recommends there should be 1ha of Local Nature Reserve space per 1,000 people in England. LNRs should be either: of high natural interest in the local context, or of some reasonable natural interest and of high value in the local context for formal education or research, or of some reasonable natural interest and of high value in the local context for the informal enjoyment of nature by the public.