Save Kiln Meadow (SKiM)

In a recent case in which the Local Government Ombudsman reached a 'local settlement', Babergh District Council (BDC) were found to be 'at fault' in failing to take wildlife and biodiversity legislation into account when granting outline planning permission for an area known as Kiln Meadow, part of the Thorrington Hall development. (Planning application number B/02/01984). The planning application was made by Ipswich Borough Council, who own the land.

The complainants were Ray Sidaway and Jen Jousiffe, members of Ipswich Wildlife group (IWG) and of the Save Kiln Meadow Campaign (SkiM). They failed to get satisfactory replies to questions about the outline planning permission granted on an area known as Kiln Meadow, adjacent to Bobbitts Lane to the south of Ipswich. This planning permission had taken 5 years to process, from 2002 to 2007, during which time two new nature reserves were declared, adjacent to this land, in addition to Spring Wood ancient woodland County Wildlife Site. The planners seemed unaware of these two new nature reserves, had not contacted Suffolk Wildlife Trust about any wildlife considerations, had ignored information received about the significant toad population in the area, and seemingly ignored Babergh's own wildlife policies.

In 2006, the Natural Environment and Rural Communities Act (NERC 2006) was passed which placed responsibility on councils to take wildlife interests into account when carrying out functions such as planning.

So the complainants wrote to the Ombudsman. The complaint was that BDC failed to take into account NERC 2006, and their own wildlife policies, when granting the planning permission. BDC continued to argue that they didn't have to take NERC 2006 into account.

Considering all the arguments, the Ombudsman suggested a 'local settlement' and wrote to the council stating that
'While I note your comment that any subsequent application will be looked at in accordance with current law and policies, it remains the case that, at the time outline planning permission was granted in 2007, the existing law and policies which had changed from 2003/2004 were not considered. I consider this to be fault by the council'

See the letter from the Ombudsman

A statement made to the complainants by BDC's Deputy Chief Executive said:-

'I hope our correspondence with the Ombudsman does reassure you that Babergh takes nature conservation interests and biodiversity very seriously, especially when dealing with developments such as the one at Thorrington Hall. In the case of this development, Babergh will ensure that these interests are fully taken into account when any further planning applications are submitted on the site

See the letter from BDC

The ombudsman also suggested that BDC should give the complainants £100 for their time and trouble. This has been donated to IWG.

One of the complainants, Jen Jousiffe, of Ipswich, said 'It is sad that we had to take this case to the ombudsman, but we felt our letters to the council had not been taken seriously. Clearly, the planners should have taken NERC 2006 into account; it is good news for local wildlife that the ombudsman agrees with us. Babergh District Council have some very good policies on wildlife, unfortunately they do not seem to have detailed processes to ensure that these policies are actually implemented. I would request Babergh Council to put such processes in place as soon as possible.'

Toad Update

Toad patrols have been operating for several years along Bobbitts Lane (adjacent to Kiln Meadow) and have assisted record numbers of toads across the lane, from Kiln Meadow and Millennium Wood into the wet meadows. In 2009, 5475 toads were counted, a likely UK record. This is a nationally important population which will be severely affected if not destroyed by the planned development of Kiln Meadow.