THE DEVELOPMENT OFF EAGRY now known as EAGRY GARDENS
TREES, PLANTS AND WILD FLOWERS
Wetland in foreground will be filled in.
Photo taken in the top field (0247)
A representative from the Natural Heritage (DOE) confirmed on the phone (9/5/02) that this area in question is : -
"One of the few wetland areas in North Antrim...."
2nd February 1971 marked the date of the signing of the "Convention on Wetlands" in the Iranian City of Ramsar, when governments across the world agreed to conserve and make the best possible use of their valuable wetland resources - Are the Planners, by approving this development, making "best possible use of our valuable wetland resources"? A large part of this area is to be covered in and a road built over it.
 
In the Cross Sections drawing 02/55:05a submitted by the developer (30 May 2004) it would appear that well over half of this wetland in the upper field (foreground of the top photo) is to be covered with up to 2 metres of in-fill.
 
Here is part of a letter from Environment and Heritage Service (Natural Heritage) to the Planners on 8th July 2002

8/7/02
" The proposed built development, as indicated in drawing 04, is now within an acceptable distance of the stream. The planting belt should be a minimum width of 10m, of locally native specimens of Alder and Willow, as these trees are suitable for wet ground and wildlife.
EHS is concerned that there is adequate protection of water quality and wildlife in the stream and that in-filling does not result in sediment release into the stream. Planting of streamside trees at the earliest opportunity may protect the stream from sediment run-off." (My emphasis)

The same lady, when spoken to on the phone on 26/9/02, was adamant that : -

"...no construction machinery and no workers should be entering the stream area."
and "....Planners should put these conditions on this development and enforce it.".
(BUT THEY DIDN'T !)

Incidentally the above letter from EHS saying 'drawing 04 was acceptable' referred to the second amended plan (1st July 2002) which in fact showed two houses still in the wetland flooding area. This oversight had to be pointed out to the officer.

However, in the above letter the EHS are referring to a plan which has been superseded. And now the toe of the in-fill embankment on the Approved May 2003 drawing 02/55:05a would appear to come to within 4 metres of the stream bank in several places in the upper field. So we wrote to the planning department about this anomaly and have since heard back from the Divisional Planning Manager on 2nd March 2004 as follows :-

2/3/04
"In view of your queries we will clarify any outstanding issues with EHS"
 
We wrote on 15th March 04 to EHS asking if these outstanding issues have been resolved. As of 17-Oct-2006 apart from an acknowledgement saying they have received our letter, we never did get a reply.
However, on 27th May we visited the Planning Department to view the Application Files and there we read a letter from the Environment & Heritage Service dated 1st April 2004. Here are some extracts:-

1 April 2004
"EHS Natural Heritage acknowledges receipt of landscape plan and cross sections. We have serious concerns with this amended proposal.

In our responses dated 09/05/02 and 08/07/02, we requested a 10m no development zone along the stream, which was to have a planting belt of native species. We are concerned that the drawings indicate proposed infill within the 10m corridor and that fencing is proposed along the river edge.

We request amendments to the proposals to ensure that no infill, development, fencing, ground disturbance or re-seeding takes place within the 10m zone."
(My emphasis)

Are we to assume from the above that (alerted by ourselves, members of the general public), this is the first time EHS had seen the amended plan? Methinks someone had slipped up in the planning process yet again.
The only response so far to the above requests would appear to be a letter from the developer's agent (25th May 2004) stating:-
25/5/04
".......my Clients are agreeable to not erecting a fence along river indicated on landscape proposals......"
But no response to the request for - no infilling, development, ground disturbance or re-seeding. But at least the badgers won't need wire cutters after all! So much for the following statement...
2.1. "Regulation of Development"
"We have a significant influence on the planning process through the planning applications we receive for consideration and comment" [NATURAL HERITAGE STRATEGIC PLAN Pub. Environment and Heritage Service Sept. 2003]

18th July 2004. The Case Officer wrote (28 May 2004) to the Divisional Planning Manager, on our behalf, asking, "What's happening re. EHS concerns since EHS made comment on 01 April 2004?" As far as we know he never got a reply.

The Decision Notices were eventually issued (29 June 2004) and there was no mention of the above request so infilling , development, ground disturbance and re-seeding has all been allowed to take place within the requested wildlife 10m zone." There's a 80m (262 feet ) long road embankment to be built which will run lengthwise within this zone.
  
 
The destruction of the countryside is summed up in these "Before and After" photos taken on the morning of 24th May 2004. (The hedge between sites 0248 and 0247).
I wonder how long this hedge has been here? Were there birds nesting in this hedge?

Photo taken 24th May 2004 (During nesting season)

 
Photo taken 24th May 2004 (during nesting season)
Under the Wildlife (NI) Order 1985, it is offence to damage or destroy the nest of any wild bird whilst it is being used or built, or disturb any wild bird while on or near a nest that is being built. And under Good Farming Practice the trimming of hedges is not permitted from 1st March until 31st August. These photos were taken on 24th May.
"Removal of field boundaries is not permitted except by prior written permission from DARD"
"Good Farming Practice" leaflet, published by Dept. of Agriculture and Rural Development 2004

As of 17-Oct-2006 some 50m of mature hawthorn hedge has been ripped out and, as mentioned elsewhere, the plans show at least a metre of soil to be dumped over a large part of the existing wetland.

2.01 "The characteristics of the site should be analysed to ensure that the development will: - Make the best use of existing vegetation and protect or create appropriate conditions for flora and fauna to survive "
"Creating Places" (Achieving quality in residential developments) Booklet pub 2000 by Planning and Roads Service
The 40 metres of the hedging which has been removed curiously appears as part of the final landscape proposals for the site
2.21 The appropriate retention of existing vegetation and its enhancement with new planting will help to integrate development into its setting .... and will be a major determinant of the layout" (my emphasis)
"Creating Places" Booklet pub 2000 by Planning and Roads Service
We tried to give a letter of protest about this hedge destruction to the "Boss" of the builders on the site (He wouldn't give his name), but he refused to accept it. So instead we sent it to the firm's home address. CLICK to read a copy of the letter.
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