THE WILDLIFE AND COUNTRYSIDE ACT 1981

 

  AN ACT OF PARLIAMENT TO PROTECT BIRDS, MAMMALS AND PLANTS - THE WILDLIFE AND COUNTRYSIDE ACT 1981

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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 WILDLIFE AND COUNTRYSIDE ACT 1981

 

1981 CHAPTER 69

 

An Act to repeal and re-enact with amendments the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975; to prohibit certain methods of killing or taking wild animals; to amend the law relating to protection of certain mammals; to restrict the introduction of certain animals and plants; to amend the Endangered Species (Import and Export) Act 1976; to amend the law relating to nature conservation, the countryside and National Parks and to make provision with respect to the Countryside Commission; to amend the law relating to public rights of way; and for connected purposes.

[30th October 1981]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: —

 

PART I Wildlife

Protection of birds

1. Protection of wild birds, their nests and eggs

2. Exceptions to s. 1

3. Areas of special protection

4.Exceptions to ss. 1 and 3

5. Prohibition of certain methods of killing or taking wild birds

6. Sale etc. of live or dead wild birds, eggs etc.

7. Registration etc. of certain captive wild birds

8. Protection of captive birds

Protection of other animals

9. Protection of certain wild animals

10.Exceptions to s. 9

11.Prohibition of certain methods of killing or taking wild animals

12. Protection of certain mammals

Protection of plants

13. Protection of wild plants

Miscellaneous

14. Introduction of new species etc.

15. Endangered species (import and export)

Supplemental

16. Power to grant licences

17. False statements made for obtaining registration or licence etc.

18. Attempts to commit offences etc.

19. Enforcement

20. Summary prosecutions

21. Penalties, forfeitures etc.

22. Power to vary Schedules

23. Advisory bodies and their functions

24. Functions of Nature Conservancy Council

25. Functions of local authorities

26. Regulations, orders, notices etc.

27. Interpretation of Part I

 

 

PART II Nature Conservation, Countryside and National Parks

Nature conservation

28. Areas of special scientific interest

29. Special protection for certain areas of special scientific interest

30. Compensation where order is made under s. 29

31. Restoration where order under s. 29 is contravened

32. Duties of agriculture Ministers with respect to areas of special scientific interest

33. Ministerial guidance as respects areas of special scientific interest

34. Limestone pavement orders

35. National nature reserves

36. Marine nature reserves

37. Byelaws for protection of marine nature reserves

38. Grants and loans by Nature Conservancy Council

Countryside

39. Management agreements with owners and occupiers of land

40. Experimental schemes

41. Duties of agriculture Ministers with respect to the countryside

National Parks

42. Notification of agricultural operations on moor and heath in National Parks

43. Maps of National Parks showing certain areas of moor or heath

44. Grants and loans for purposes of National Parks

45. Power to vary order designating National Park

46. Membership of National Park authorities

Miscellaneous and supplemental

47. Provisions with respect to the Countryside Commission

48. Duties of water authorities etc. with respect to nature conservation and the countryside

49. Extension of power to appoint wardens

50. Payments under certain agreements offered by authorities

51. Powers of entry

52. Interpretation of Part II


PART III Public Rights of Way

Ascertainment of public rights of way

53. Duty to keep definitive map and statement under continuous review

54. Duty to reclassify roads used as public paths

55. No further surveys or reviews under the 1949 Act

56. Effect of definitive map and statement

57. Supplementary provisions as to definitive maps and statements

58. Application of ss. 53 to 57 to inner London

Miscellaneous and supplemental

59. Prohibition on keeping bulls on land crossed by public rights of way

60. Regulation of traffic on public rights of way

61. Ploughing of public rights of way

62. Appointment of wardens for public rights of way

63. Orders creating, extinguishing or diverting footpaths and bridleways

64. Publication of dedication of footpaths and bridleways

65. Signposting of byways open to all traffic

66. Interpretation of Part III


PART IV Miscellaneous and General

67. Application to Crown

68. Application to the Isles of Scilly

69. Offences by bodies corporate etc.

70. Financial provisions

71. General interpretation

72. Minor amendments

73. Repeals and savings

74. Short title, commencement and extent


SCHEDULES

SCHEDULE 1 Birds which are Protected by Special Penalties
SCHEDULE 2 Birds Which May Be Killed or Taken
SCHEDULE 3 Birds which may be Sold
SCHEDULE 4 Birds Which Must Be Registered and Ringed if Kept in Captivity
SCHEDULE 5 Animals which are Protected
SCHEDULE 6 Animals which may not be Killed or Taken by Certain Methods
SCHEDULE 7 PROTECTION OF CERTAIN MAMMALS
SCHEDULE 8 Plants which are Protected
SCHEDULE 9 Animals and plants to which section 14 applies
SCHEDULE 10 Amendments of the Endangered Species (Import and Export) Act 1976
SCHEDULE 11 Procedure in connection with Certain Orders under Part II
SCHEDULE 12 Procedure in Connection With Orders Under Section 36
SCHEDULE 13 Provisions With Respect to the Countryside Commission
SCHEDULE 14 Applications for Certain Orders Under Part III
SCHEDULE 15 Procedure in Connection with Certain Orders Under Part III
SCHEDULE 16 Orders Creating, Extinguishing or Diverting Footpaths or Bridleways
SCHEDULE 17 Enactments Repealed

 

 

 

 

 

 

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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