Office Move

Legacy Habitat Management Ltd and wildlifefencing.co.uk are currently in the process of moving to a new, larger premises.

Our phone lines are yet to be installed at the new office.

Our existing phone numbers:
0114 276 0001 (Legacy Habitat Management)
0114 273 1751 (wildlifefencing.co.uk)
should continue to work for the time being but we have recently been experiencing some problems with these lines.

If you are having any difficulties in reaching us by phone, please email us on:
info@legacy-habitat.co.uk
and we will answer your enquiry as quickly as possible.

Watch this space for details of our new address and telephone numbers.
Apologies for any inconvenience that this may cause.

Case Study: Ecology & The Law

Article taken from Legacy Habitat Times, written by Penny
Simpson, Environmental Lawyer, at DLA Piper LLP (Issue 5, Autumn 2009)

2009 was an interesting year in the world of nature conservation and wildlife protection law!
 
There has been an important judgement given by the High Court in relation to a case called Woolley v Cheshire East Council. It is a case which puts the spotlight on developments which will have impacts on European Protected Species such as great crested newts, bats, dormice or otters. The case has looked carefully at the questions the Local Planning Authority must ask itself when considering applications which may have detrimental impacts on these animals or their habitats. The case has confirmed that the Local Planning Authority must address itself to three crucial questions. These questions are in fact the tests which Natural England, the licensing authority, will also have to apply after planning permission has been granted when it comes to consider whether to grant a European Protected Species licence to allow the development to proceed. These tests are to consider whether the development proposal can be said to be necessary for imperative reasons of overriding public interest; whether there are any satisfactory alternatives to the development; and whether adequate mitigation is being offered so as to ensure that the "favourable conservation status" of the species can be maintained. Prior to this case, a strict interpretation of the law indicated that a Local Planning Authority would have to consider these three tests. However, it is only this case which has clarified from the court's point of view that this is definitely the case. We are already seeing a need for developers to be far more clear on how they regard these three tests as being met in their planning applications. We are given advice to a number of our clients on the best way of drafting the arguments.

The other significant development in relation to European Protected Species is that Natural England has altered its procedures and application forms which have to be completed in order to apply for a European Protected Species licence. These are now far more onerous forms to complete. There are in particular many questions which Natural England now requires answers which focus on the three licensing tests as described above. We are finding that increasing numbers of our clients are having their licence applications rejected, not because the mitigation offered is inadequate, but because Natural England is not satisfied that they are meeting the other two tests ie relating to alternatives and reasons of overriding public interest. We have been providing advice to a number of our developer clients on how to resolve these difficulties and have in all cases to date succeeded in allowing our clients to obtain such licenses.

Finally, the Environmental Damage Regulations entered into force in March this year. These implement the Environmental Liability Directive from the European Union. Under this new regime those carrying out operations on land which may need environmental consents such as for waste operations or PPC operations, could become exposed to significant costs arising from the requirement to remediate "environmental damage" (as defined) in the Regulations. The aim of this new regime is to focus in on the 300 or so pollution incidents per year which are regarded as being particularly significant and to require those who have caused the damage to not pay a fine but actually instead to carry out the work necessary to rectify the damage. "Environmental Damage" is defined in very strict ways. Contaminating land in a way so as to create harm to health is one aspect, polluting water in a significant way is another, and creating damage to biodiversity is the third and most novel aspect of the new regime. It is this latter aspect which we expect to have the greatest impact.

For any advice on these issues please contact Penny
Simpson, Environmental Lawyer, at DLA Piper LLP.
T: 0114 283 3467; E: penny.simpson@dlapiper.com

Trencher & Machinery Hire

Legacy Habitat Management have opened the new year with the launch of a new trencher hire and specialist machinery hire service.

We have a number of specialist trenching machines available at competitive prices, ranging from a small but versitile pedestrian trencher, up to a large excavator mounted trencher, capable of cutting through concrete and hard aggregates. Specifically designed for cable laying and drainage systems, they are ideal for cutting trenches on wildlife fencing projects such as newt fencing, water vole fencing etc.
As well as trenching machinery, we have other equipment available for hire to assist in other projects such as fencing, scrub clearance, seed collection etc.

Full list of available equipment :

• AFT MH100 Excavator Mounted Trencher
• AFT Whizz Wheel Trencher  
• Bobcat Chain Trencher LT313  
• Camon TR12 Pedestrian Trencher  
• Quickfencer  
• PP3 Post Puncher  
• Peruzzo C2000CHS Contractor Flail Mower Collector   

Visit: www.hire-trencher.co.uk for further details or call 0114 276 0001 where we will be happy to assists with your enquiry.

Legacy Habitat Christmas Grand Prix 2009

Friday 11th of December was the date for our Christmas party and the great Legacy Habitat Christmas Go-Karting Grand Prix 2009.
Last year's victor Martha Brown was looking nervous before the event, desperate to hold on to her title. Many others were there to try and ensure that she didn't.
This year's event was held at Raceway karting in Pontefract, Yorkshire, a change from last year's Sheffield venue.
After initial warm up rounds, it was in to the competition rounds and Martha was looking strong, winning her first 2 heats. Matt Dixon and I were also doing well. The 3rd heat proved to be the troublesome one for some due to a collision between Martha, Ian Henderson and I in which Martha claimed to have sustained an injury. I suspect her confidence was now waning and was looking to prepare an excuse.
The collision helped set the starting grid positions for the final which were to end up deciding the outcome of the competition. Matt in pole, me in 2nd and Martha in 3rd. Tensions were also building as those involved were out looking for the perpetrator of the collision.
Matt got off to a flying start with me chasing his tail all the way, but just could not overtake, fluffing a corner on the final lap made sure I stayed behind. Martha was struggling to keep up with the front markers, presumably having trouble with that 'injury', and battling it out with Ian for 3rd and 4th place.
The racing was over and it was time to hear the final results:
3rd place: Martha Brown
2nd place: ..... Matthew Dixon?
1st place: ..... Martyn Werner?
A very strange final placing, and a slightly hollow victory, I can only assume that Matt was somehow penalised for unsportsman-like conduct and causing general mayhem on the track. Anyway, the judge's decision was final and that was good enough for me ;-)
Rob Fratczak claimed the prize for the fastest lap overall, this remains undisputed.

Despite the argy-bargy, which was all part of the fun, a great afternoon was had by all. This was followed by a lovely meal at Zeugma back in Sheffield and all washed down with a pint or two in the local.

Merry Christmas to all our blog readers and wishing you all a prosperous year in 2010.

Course: Great Crested Newts, Licencing & Mitigation

Legacy Habitat Management Ltd are pleased to announce that they will be demonstrating great crested newt fencing installations at the Great Crested Newts, Licencing & Mitigation course run by Amphibian & Reptile Conservation in partnership with Golder Associates and the Field Studies Council.
This event will take place over 3 days from January 19th to 21st at Preston Montford Field Studies Centre.

Training will cover:

•  Project Planning
• An introduction to licence applications
• Completion of the Natural England Template for Method Statement to support application for licence in respect of great crested newts (Form WML-A14-2)
• Running a mitigation project
• Great crested newt fencing demonstration by Legacy Habitat Management Ltd
• Project management and completion
• Workshop using a local scenario

For further details of this course, please visit the ARC website or download a pdf course brochure.

Legacy Habitat Times - Autumn 2009

Our latest Legacy Habitat Times newsletter is now available for download from our news page, along with previous issues:
Click image below:

Providing recent news of our newt fencing, water vole fencing and other wildlife fencing activities. This issue also includes an article on ecology and the law, highlighting some of the issues raised when development impacts on European Protected Species.

New Tools Section on wildlifefencing.co.uk

wildlifefencing.co.uk now has a tools section for your wildlife fencing needs.
We aim to bring you quality fencing tools at competitive prices. Current product range is small but we are looking at expanding the range in the near future.
Please keep checking the site for new products.