Brighton and Hove council 'reported for alleged wildlife crime'

It comes after work on the living wall in Madeira Drive, which was planted by the Victorians and is a wildlife reserve.

Brighton and Hove City Council said on Monday that the Local Wildlife Site was cut on purpose in order to build a “possible” cycle lane in the road.

READ MORE: Brighton wildlife reserve cut down for ‘possible’ cycle lane

The Friends of Brighton and Hove Citizen's Action Group (FBHCAG) allege the partial cutting down of the Green Wall in Madeira Drive amounts to a criminal offence under the Wildlife and Countryside Act 1981.

Campaigners said the work took place during nesting season, unlike seven years ago when the council announced preservation work that was "being carried out now on a 400 metre stretch to avoid the bird nesting season".

They allege the council knew that birds were, or were likely to be, nesting in greenery when they slashed down eight Japanese spindle plants on Europe’s longest and oldest green wall were slashed down.

It is a criminal offence, punishable by up to six months in prison, to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built.

READ MORE: Brighton councillors 'were not aware of plans' to slash green wall

It is also an offence to intentionally or recklessly disturb certain birds while they are nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.   

While the Wildlife and Countryside Act 1981 is the primary legislation which protects animals, plants and habitats in the UK.

Exceptions to the offence are that the action was taken to “preserve public health”, or an “incidental result” of an “operation which could not reasonably have been avoided”.

The group said a report was made to Crimestoppers as it had an option to report wildlife crime. Crimestoppers has been contacted to see if any action will be taken.

Brighton and Hove City Council said: "The investigation of how this happened will consider this issue, and we will refer the works to our Planning Enforcement team to investigate and consider in the same way that they would if it had been done by a private developer."

A council press release from the time of the work in 2014 makes reference to the plants which they slashed saying: “The Japanese spindle was deliberately established in the early 19th century when the wall was built, as a means to improve the appearance of the seafront for visitors and local people.

“Originating from Japan, Korea and China, these hardy plants are amongst the oldest surviving plants of this species in the UK.”

Conservative councillor Robert Nemeth said: "The Conservative Group is most concerned at this latest round of environmental vandalism on Madeira Drive and strongly feel that reporting to the relevant authorities is the correct course of action.

"It sadly follows the Council having to answer to the Information Commissioner’s Office for similar shoddy behaviour. It is yet another demonstration that voting Green damages the environment."

READ MORE: Brighton and Hove City Council reported to Information Commission

The report comes amid the announcement of a Memorial Protest on Sunday, organised by the Save Madeira Drive Campaign.

Taking place from 12.45pm at the junction with Duke's Mound, the event will feature wreath-laying, a minute of silence and speeches.

Protestors are being asked to wear something green. 

A Brighton and Hove City Council spokesman said: "The cutting back of vegetation this week was not raised with councillors in the administration. It was progressed by officers as part of the planning works.

“However, councillors have asked for further information over actions that will be taken to restore growth."

The spokesman said the work was agreed as part of its wider plans for redeveloping the Black Rock, which had an "ecological management plan" in place.

The council has also been asked to provide a copy of a road safety audit in support of the decision.

The spokesman added: “A cycle lane to assist cyclists going up Dukes Mound was included in the planning consent for the Black Rock scheme. During detailed planning and design work for the transport improvements a road safety audit identified the need to cut back the overhanging vegetation for important safety reasons.

“These were to ensure a clear line of sight for pedestrians crossing Dukes Mound, as well as to ensure safety and visibility for cyclists using the new cycle lane. The pedestrian crossing issue would have required the cutting back of the vegetation, irrespective of the inclusion of a cycle lane."