CONSERVATION OF HABITATS & SPECIES REGULATION 2017

 

  RULES LAID OUT IN LAW TO PROTECT THE PLACES THAT BIRDS, MAMMALS AND PLANTS LIVE - THE CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2017

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Jill, the dairy cow is concerned about the proposed pipe with contamnated surface water, onto fields that her friends graze, at Lime End Farm.

 

 

JILL THE DAIRY COW SAYS: - Hey, don't forget us. We love the countryside, and those ponds in Lima Park, just a few hundred yards from where we are munching this delicious grass, to make milk for you.

 

 

 

 

 

 

 

Dear Wealden District Councillors, Planning Officers & Chief Executive,

 

 

FORMAL LETTER OF OBJECTION: PLANNING APPLICATION NUMBER: WD/2024/2257/MAJ


I/we am/are writing to express our strongest possible objections to the proposed diversion of surface water from the field adjacent to the pond network at Lime Park. This proposal poses a severe threat to the established ecosystem, local heritage, and amenity value of this unique site.

This network of ponds has been sustained for over 40 years by surface water runoff from the adjacent field. This established flow of water has become a prescriptive right under the Prescription Act 1832, meaning that the continued flow of water cannot be legally obstructed after such a long period of uninterrupted use.

 

Diverting this water source will have a devastating impact on the ponds, likely leading to their desiccation and the destruction of the established ecosystem.

We are deeply concerned about the impact on protected species, including ducks, toads, herons, and great crested newts, which are known to inhabit the ponds. The proposed development could be in breach of the following legislation, and potentially illegal, with those involved in any grant of permission, becoming accessories to any wildlife crime, as per the Abettors Act of 1861:

- Wildlife and Countryside Act 1981 (as amended)

 

- Conservation of Habitats and Species Regulations 2017 

Furthermore, we believe the proposed diversion infringes upon the rights of those affected under the Human Rights Act 1998:

- Article 8 (Right to respect for private and family life, home and correspondence): The ponds and surrounding environment form an integral part of the local community's enjoyment of the area, impacting their private and family life.

- Protocol 1, Article 1 (Protection of property): The established ecosystem and the amenity value of the ponds contribute to the value of surrounding properties and represent a form of "possession" that should be protected.

Critically, the pond network is an integral part of the setting of a unique local heritage asset: the only surviving early electricity generating station from circa 1896. This building is a significant historical landmark, and its setting, including the ponds and surrounding landscape, contributes significantly to its historical and architectural significance. Also, a potential future UNESCO world heritage site. The rural setting and surrounding countryside are part of the charm of the technology that nestles in this estate, as a time capsule. This historical and environmental context may well be protected by other conservation law, and that is now under threat. The proposed diversion would severely compromise this historical setting and diminish the heritage value of the site.

We urge you to immediately reconsider the proposed surface water diversion and conduct a thorough and independent ecological and heritage impact assessment. This assessment must consider the long-term impact on the pond ecosystem, protected species, the established water flow rights under the Prescription Act, human rights considerations, and the impact on the setting of the historic generating station.

We demand a full consultation with all stakeholders, including local residents, heritage organizations, and environmental groups, to find a solution that protects this invaluable natural and historical asset. We are prepared to pursue all available legal avenues to protect this important site.

Yours faithfully,


Concerned of Herstmonceux
[Your name and address]


 

 

 

 

 

 

THE TWO ENDANGERED PONDS - ALREADY SUFFERING FROM A LOSS OF WATER FLOW DUE TO CLIMATE CHANGE, THE PROPOSAL TO DIVERT SURFACE WATER FROM THE ADJACENT FIELD IS TANTAMOUNT TO A DEATH SENTENCE FOR THE FLORA AND FAUNA THAT PRESENTLY ENJOYS THE HABITAT. YOU CAN WALK THE FIELDS AND SEE POND NUMBER ONE, THAT FEEDS POND NUMBER TWO - WHICH IS NOT VISIBLE FROM PUBLIC FOOTPATHS. BUT AS YOU CAN SEE, GOOGLE MAPS SHOWS THESE BODIES OF WATER - WHICH YOU CAN CHECK FOR YOURSELVES.

 

 

 

 

 

 

POISONING WATER SUPPLY - THEN THERE IS THE MATTER OF THE ANCIENT WELL THAT IS THE ONLY SOURCE OF WATER FOR HERSTMONCEUX MUSEUM, THE PROPOSED HOUSES, CONTAMINATION FROM HERBICIDES, PESTICIDES AND HYDROCARBONS IS A CRIMINAL VIOLATION OF THE 'OFFENCES AGAINST THE PERSON ACT OF 1861' SECTIONS 23 AND 24 - IN THE MAKING. ALL THOSE HELPING THE OWNERS OF THE FIELD SUPPLYING THE WELL, MIGHT WELL BE GUILTY OF A CONSPIRACY IN THE MATTER.

 




THE CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2017

 

Statutory Instruments

2017 No. 1012


Wildlife

Countryside

 

Made 30th October 2017
Laid before Parliament 31st October 2017
Laid before the National Assembly for Wales 31st October 2017
Coming into force 30th November 2017

 

 

The Secretary of State is designated (1) for the purposes of section 2(2) of the European Communities Act 1972 (2) in relation to the environment, and the Welsh Ministers are designated (3) for those purposes in relation to the conservation of natural habitats and of wild fauna and flora.

The Secretary of State and the Welsh Ministers make these Regulations in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972 and paragraph 1A of Schedule 2 to that Act (4), and by section 307 (3) and (5) of the Criminal Justice Act 2003 (5).

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State and to the Welsh Ministers that it is expedient for any reference in these Regulations to an Annex to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (6) to be construed as a reference to that Annex as amended from time to time.

 

 

 

 

 

 

 

 

PART 1 Introductory and General Provisions

1. Citation and commencement

2. Extent

3. Interpretation

4. Plans or projects relating to offshore marine area or offshore marine installations

5. Nature conservation bodies

6. Relevant authorities in relation to marine areas and European marine sites

7. Competent authorities

8. European sites and European marine sites

9. Duties relating to compliance with the Directives

10. Duties in relation to wild bird habitat

 

11. Review by appropriate nature conservation body


PART 2 Conservation of Natural Habitats and Habitats of Species

European sites

12. Selection of sites eligible for identification as of Community importance

13. Designation of special areas of conservation

14. Consultation as to inclusion of site omitted from the list

15. Classification of sites as special protection areas

16. Notification of a proposal to classify a special protection area

Register of European sites

17. Register of European sites

18. Notification of changes to the register

19. Notice to landowners and other bodies

Management agreements

20. Management agreements

21. Existing agreements

22. Certain payments under management agreements

Control of potentially damaging operations

23. Notification of potentially damaging operations

24. Assessment of implications for European sites

25. Sites of special scientific interest which become European sites: duty to review

26. Farm capital grants

Special nature conservation orders

27. Power to make special nature conservation order

28. Restriction on carrying out operations specified in order

29. Assessment of implications for European sites after service of stop notice

30. Compensation for effect of stop notice

31. Restoration orders

Byelaws

32. Power to make byelaws

33. Byelaws: supplementary provisions

34. Compensation for effect of byelaws

35. Continuation in force of existing byelaws

Powers of compulsory acquisition

36. Powers of compulsory acquisition

European marine sites

37. Marking of site and advice by nature conservation bodies

38. Management scheme for European marine site

39. Direction to establish or amend management scheme

40. European marine sites: byelaws and orders

Nature conservation policy in planning contexts

41. Nature conservation policy in planning contexts


PART 3 Protection of species

Protection of animals

42. European protected species of animals

43. Protection of certain wild animals: offences

44. Protection of certain wild animals: defences

45. Prohibition of certain methods of capturing or killing wild animals

Protection of plants

46. European protected species of plants

47. Protection of certain wild plants: offences

48. Protection of certain wild plants: defences

Interpretation of Part 3

49. Interpretation of Part 3


PART 4 Additional protection of habitats and wild animals and plants

Surveillance and monitoring

50. Surveillance of conservation status of habitats and species

51. Protection of certain animals and plants from exploitation

52. Monitoring of incidental capture and killing

53. Protection from incidental capture and killing

Introduction of new species

54. Introduction of new species from ships


PART 5 Licences

Grant of licences

55. Licences for certain activities relating to animals or plants

56. Licences for the introduction of new species

57. Licences: general provisions

Relevant licensing body

58. Relevant licensing body

Offences

59. False statements made for obtaining licence

60. Offence of breaching licence condition


PART 6 Assessment of plans and projects

CHAPTER 1 General provisions


Introductory provisions

61. Interpretation of Part 6

62. Application of provisions of Chapter 1

General provisions for protection of European sites and European offshore marine sites

63. Assessment of implications for European sites and European offshore marine sites

64. Considerations of overriding public interest

65. Review of existing decisions and consents

66. Consideration on review

67. Co-ordination where more than one competent authority involved

68. Compensatory measures

69. Modifications of regulations 63 to 68 in certain cases

CHAPTER 2 Planning

Planning permission

70. Grant of planning permission

71. Planning permission: duty to review

72. Planning permission: consideration on review

73. Planning permission: effect of orders made on review

74. Planning permission: compensation

General development orders

75. General development orders

76. General development orders: opinion of appropriate nature conservation body

77. General development orders: approval of local planning authority

78. General development orders: supplementary

Special development orders

79. Special development orders

Local development orders

80. Local development orders

Neighbourhood development orders


81. Neighbourhood development orders

Simplified planning zones and enterprise zones

82.Simplified planning zones

83. Enterprise zones

Development consent under Planning Act 2008

84. Grant of development consent

85. Development consent: review

Interpretation of Chapter 2

86. Interpretation of Chapter 2

CHAPTER 3 Highways and roads

87. Construction or improvement of highways or roads

88. Cycle tracks and other ancillary works

CHAPTER 4 Electricity

89. Consents under Electricity Act 1989: application of assessment and review provisions

90. Consents under Electricity Act 1989: procedure on review

91. Consents under Electricity Act 1989: effect of review

92. Consents under Electricity Act 1989: compensation

CHAPTER 5 Pipe-lines

93. Authorisations under Pipe-lines Act 1962: application of assessment and review provisions

94. Authorisations under Pipe-lines Act 1962: procedure on review

95. Authorisations under Pipe-lines Act 1962: effect of review

96. Authorisations under Pipe-lines Act 1962: compensation

CHAPTER 6 Transport and Works

97. Orders under Transport and Works Act 1992: application of assessment and review provisions

98. Orders under Transport and Works Act 1992: procedure on review

99. Orders under Transport and Works Act 1992: effect of review

100. Orders under Transport and Works Act 1992: compensation

CHAPTER 7 Environmental Controls
 

101. Environmental permits

102. Abstraction and works authorised under water legislation

103. Marine works

104. Derogations in relation to nitrate pollution prevention legislation

CHAPTER 8 Land Use Plans

Land use plans

105. Assessment of implications for European sites and European offshore marine sites

106. Assessment of implications for European site: neighbourhood development plans

107. Considerations of overriding public interest

108. Co-ordination for land use plan prepared by more than one authority

109. Compensatory measures

Planning Act 2008

110. National policy statements

Interpretation of Chapter 8

111. Interpretation of Chapter 8

 

CHAPTER 9 MARINE POLICY STATEMENTS AND MARINE PLANS

112. Marine policy statement

113. Marine plan


PART 7 Enforcement

Wildlife inspectors

114. Wildlife inspectors

Powers of entry

115. Powers of entry: constables

116. Powers of entry: wildlife inspectors

117. Powers of entry: other authorised persons

Powers of search etc.

118. Constables’ powers of search, etc.

Powers in relation to specimens and samples

119. Powers in relation to samples: constables

120. Powers in relation to specimens and samples: wildlife inspectors

121. Restrictions on taking samples from live specimens

Offences

122. Attempts and possession of means of committing offence

123. Obstruction of persons exercising powers of entry under regulation 117

124. Obstruction in connection with constables’ powers to take samples

125. Offences in connection with wildlife inspectors’ enforcement powers

Codes of practice

126. Codes of practice

Miscellaneous

127. Advice and assistance from nature conservation bodies

128. Forfeiture

129. Proceedings for offences: venue and time limits

130. Offences by bodies corporate etc.

131. Application of criminal offences to the Crown

Interpretation of Part 7

132. Interpretation of Part 7


PART 8 Final Provisions

133. Powers of drainage authorities

134. Advisory role of the Joint Nature Conservation Committee

135. Advisory role of Natural England, the Natural Resources Body for Wales and Scottish Natural Heritage

136. Research

137. Local inquiries

138. Notices

139. Consequential Amendments

140. Revocations

141. Transitional provisions

142. Review: England

Signature

SCHEDULE 1 Special Nature Conservation Orders: Procedure
SCHEDULE 2 European Protected Species of animals
SCHEDULE 3 Excluded populations of certain species
SCHEDULE 4 Animals which may not be captured or killed in certain ways.
SCHEDULE 5 European Protected Species of plants
SCHEDULE 6 Consequential Amendments
SCHEDULE 7 Revocations

Explanatory Note

 

 

 

 

 

 

 

Access to Neighbouring Land Act 1992

Ancient Monuments and Archaeological Areas Act 1979

Beaumont Vs Florala 2020 - Right to Light case precedent

Criminal Damage Act 1971

Criminal Law Act 1977

European Communities Act 1972

Fraud Act 2006

Party Wall Act 1996

Planning (Listed Buildings and Conservation Areas) Act 1990

Prescription Act 1832

R v Dytham 1979 QBD, Malfeasance in Public Office

R v Sussex Justices ex-parte McCarthy 1924, bias undoes conviction

The Conservation of Species and Habitats Regulations 2017

The Wildlife and Countryside Act 1981 (as amended)

 

 

 

 

 

 

 

THE ONLY ONE LEFT - This unassuming building is believed to be the earliest surviving example of electricity generating and load leveling on the planet. In the world of industrial archaeology, this is a gem. All the more intriguing for being nestled out of the way in the country. Notably not understood for it's importance by local politicians and even some immediate neighbors. Some of which had in the past wanted to purchase it, simply to knock it down. Sadly, with the local authority aiding and abetting such ambition. We hope those days are gone for good. But the fact remains, that the building still has no reasonable or beneficial use. Despite a Court Order from 2003/4, where Wealden DC agreed to rectify that malady. Progress was made up to 2008, then all cooperation ceased. It has been 14 years, and once again we are waiting for answers to correspondence, as to what the council intend doing to remedy their maladministration.

 

 

 

The heritage asset above in included on Step 4 of a Monument Protection Programme focusing on the electrical generating industry, and how it began. There are two recent planning applications affecting this building. One was a Major development for up to 70 houses in the adjacent field. The other was from within Lime Park, from the new owners of The Old Rectory, in 2022, Ms Finn and Mr Flood. Yet, it seems (it is alleged) that no Heritage Statement accompanied their application: WD/2022/0497/F, and no Notice as to the Party Wall Act was given concerning the Generating Buildings. No clarification has been forthcoming from the applicants, the council or East Sussex County Council.

 

 

REFERENCE

 

https://www.lawteacher.net/acts/european-communities-act-1972.php

 

 

 

 

 

 

2022 - Herstmonceux in Sussex is not what it used to be. Villagers are being forced to rent in towns, rather than being able to live where they were brought up - at reasonable prices. In modern England, councils are operated against the interests of young families. Rents for new builds in Herstmonceux are exorbitant. There are no genuinely affordable houses. Wealden only grant consent for executive housing in major development. Wealden provide no rolling stock of land for affordable (self builds) flat packs, etc. The rich get richer and the poor, poorer. This seems to be the Conservative way, with Labour failing to change statute, when they finally get voted in.

 

 

 

 

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