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Wemmergill Moor Limited, based in Hawes, North Yorkshire, yesterday (28th January 2008) was fined in total £50,000 by Durham Crown Court for causing damage to part of Lune Forest Site of Special Scientific Interest (SSSI), Durham, and ordered to pay Natural England’s full costs of £237,548.99 in bringing the prosecution. In Regulatory cases such as this the court considers the whole sum the defendant has to pay, and together with the costs of restoration and other measures, the total cost to the defendant here exceeds one half of a million pounds.

Natural England welcomes the Judge’s observation that the Court will act to protect important sites such as this moor.

Wemmergill Moor Ltd pleaded guilty to three offences relating to the construction of a new track, car park and associated drainage, plus other damage to another route, without obtaining the necessary permission. The works resulted in damage to over 4433 square metres of internationally important peatland habitat which is also home to birds such as merlin and golden plover.

The Court imposed a Restoration Order requiring Wemmergill Moor Ltd to remove the track and car park for the purposes of restoring that part of the SSSI towards its former condition prior to the offence being committed. The defendants also gave a formal undertaking to the Court to carry out, at their own cost, additional works to reduce the overall impact of works associated with another track within the SSSI and to block an area of man-made drains 40kms in length to help improve the condition of the moorland.

Martyn Howat, Natural England Regional Director for the North East, said, “Land owners and occupiers of SSSIs have a legal responsibility to seek permission from Natural England about proposals that may damage SSSIs and in this case Wemmergill Moor Limited failed to do so.”

“Natural England will continue to work in partnership with SSSI owners and occupiers to ensure that these nationally and internationally important wildlife sites are conserved, enhanced and protected now and for future generations.”

“Over the last 18 months Natural England has been working with Wemmergill Moor Limited to agree a management plan that will ensure that over 5,500 hectares of Lune Forest SSSI is managed to sustain and enhance its interest for wildlife,” concluded Martyn Howat.

Background information:

1. Sites of Special Scientific Interest (SSSIs) are notified and afforded protection under the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000 and amendments made by the Natural Environment and Rural Communities Act 2006. Amongst other legal obligations the legislation places requirements on owners and occupiers of land within SSSIs, public bodies and other persons. Proceedings for this case were brought under section 28P(1) of the 1981 Act.

2. Section 31 of the 1981 Act enables a Court to make a Restoration Order specifying operations for the purpose of restoring the SSSI to its former condition prior to the damage occurring. If the terms of the Restoration Order are not complied with, Natural England may enter the land and carry out those operations, recovering expenses from the person against whom the Restoration Order was made. It is an offence, without reasonable excuse, not to comply with the terms of the Restoration Order.

3. The approximate measurements of the new track are 920 metres in length by (typical) width of 4 metres and car park 35 metres length by 17 metres in width.

4. At the time of the offence Wemmergill Moor Limited held the shooting rights over the Wemmergill Estate and was classed as occupiers under the SSSI legislation. In January 2006 they bought the Estate and became SSSI owners.

5. There is more carbon stored in the UK’s peat than in all the forests of Britain and France combined. All of the peatlands in England and Wales would absorb around 41,000 tonnes of carbon a year if in a pristine condition but could emit up to 381,000 tonnes of carbon a year if they are damaged by practices such as excessive burning, drainage and over-grazing.

6. Anthony Barker QC and Bernard Thorogood of No.5 Chambers, 5 Fountain Court, Steelhouse Lane, Birmingham, B4 6DR Tel: 0121 606 0500 and Andy Hopkin of Browne Jacobson solicitors, 44 Castle Gate, Nottingham, NG1 7BJ, telephone 0115 976 6030, acted on behalf of Natural England in this case.

Notes for editors:

For more information contact the Natural England press office 0845 603 9953, out of hours 07970 098005 or email: press.office@naturalengland.org.uk or visit our website at www.naturalengland.org.uk.

Natural England works for people, places and nature to conserve and enhance biodiversity, landscapes and wildlife in rural, urban, coastal and marine areas. We conserve and enhance the natural environment for its intrinsic value, the wellbeing and enjoyment of people, and the economic prosperity it brings.