WILDLIFE - 28.10.2013

Don’t mess with Sites of Special Scientific Interest

Guilty of damage

The prosecution of Sheikh Abid Gulzar (G) of Mansion Lions Hotel, brought by government agency Natural England, followed the discovery of a number of “damaging activities” carried out on his land within the Pevensey Levels Site of Special Scientific Interest (SSSI).

What is a SSSI?

SSSIs conserve and protect the best of the UK’s wildlife, geology and physiographical heritage. Pevensey Levels SSSI, for example, is a large area of low-lying grazing meadow, intersected by a system of ditches which support internationally important plants and invertebrates.

Note. There are more than 7,000 SSSIs across the UK. In England, they cover around 8% of the country.

Regional variations

SSSIs give legal protection to these special sites for wildlife and geology under the Wildlife and Countryside Act 1981 . Enforcement arrangements for SSSIs differ between the regions; they’re regulated by either the Northern Ireland Environment Agency, Natural England, Scottish Natural Heritage or Natural Resources Wales.

Tip. You can identify if your business is sited near or on a SSSI on the regulator’s websites (see The next step ).

What did the hotel do wrong?

G pleaded guilty to three offences of carrying out operations without Natural England’s consent. He planted non-native trees, erected fencing and put up a number of temporary structures on his land. Since the original hearing, he’s also pleaded guilty to constructing a track and bridge - again, without consent.

Missed opportunity

Prior to resorting to legal action, Natural England said it had attempted to meet with G on several occasions to discuss the management of the site, but he refused to do so.

Tip. If you’re given the opportunity to negotiate with a regulator outside a courtroom, it’s worth considering, as you may be able to do a deal and minimise fines, costs, etc. Before going down this route, speak to your legal advisors.

How could it have avoided trouble?

The hotel should have obtained consent to carry out the work before commencing. Of course, there was no guarantee consent would have been given, but it could have avoided wasting money on the work, remediation costs, fines and legal fees.

Tip. By talking with the regulator, you will stand a better chance of making the changes you want to your land - without getting into trouble. As Natural England says, “we work with many landowners on SSSIs across the country, and with careful management it is possible for a wide range of activities to be carried out with our consent” .

For further information on SSSIs, visit http://tipsandadvice-environment.co.uk/download (EN 08.05.04).