The story so far... - SKiM - Ipswich Wildlife Group

September 2008: Ipswich Wildlife Group lobbied the Executive of Ipswich Borough Council. The Executive said they would discuss our request in their policy committee meeting in late September or early October. The Executive have subsequently revised this to November 3rd.

A good number of IBC councillors have now been on tours of the site, which is encouraging. Your letters are clearly making an impact.

In asking to Save Kiln Meadow we have the law on our side. It's the Natural Environment and Rural Communities Act 2006, also known as NERC. It gives councils a responsibilty to avoid the destruction of wildlife sites. The central Wildlife Trusts have produced a leaflet describing these reponsibilities - it makes interesting reading (download the leaflet). Note on page 4 that it says "In any potential sale of council property, property services must have regard for the implications on European Protected Species".

November 2008: A local expert and wildlife consultant, George Millins, kindly offered to conduct a reptile survey on Kiln Meadow in support of the campaign. We asked Ipswich Borough Council for permission, as they are the landowners. They have refused permission, and given no reason for doing so. So we are wondering - what have they got to hide?

Over the past 2 months we've been trying to find out from Babergh District Council whether they took any account of wildlife when they gave outline planning permission in October 2007, and why they ignored an email from Suffolk Wildlife Trust sent in March 2007 telling them about the toads . After writing twice to Babergh and making numerous phone calls, we still haven't got any answers. We thought that you might like to see the correspondence, so that you can see just how obstructive Babergh are being.

December 2008: The toads have won a reprieve
We understand that Ipswich Borough council today issued a press release stating that they will not immediately put Kiln Meadow up for sale. They are going to initiate thorough wildlife surveys of the site before they re-consider the sale. The press have shown considerable interest, aware that lots of local people are concerned about the potential loss of a nationally important wildlife site. Kevin Burch, of BBC's Look East asked for our comments on this news - look out for his report on Tuesday or else later in the week. We congratulate IBC for considering the laws protecting wildlife and the feelings of all of us - the local people who care about wildlife.

Bobbits Meadows a County Wildlife Site
Bobbits Meadows, adjacent to Kiln Meadow, have recently been designated a County Wildlife Site. The existing County Wildlife Site that includes Ashground Plantation alder carr that is immediately adjacent has been enlarged to cover the meadows. This designation was in recognition both of the wide variety of birds attracted to the wetlands and because it is “important breeding habitat for huge numbers of toads which migrate across the lane each spring.”

January 2009: IBC commissioned a 'Phase 1 Ecological Assessment' of Kiln Meadow last summer, however we don't think this report adequately conveys the wildlife value of the site. We asked a professional ecologist to review the report - read their critique.

Local Government Ombudsman finds fault with Babergh District Council

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.

21st January 2010: There hasn't been much to report over the past 6 months as we've been waiting for IBC to make a decision about their next step (they originally said they would make a decision last summer - see their press release 8/12/2008). However things are now starting to happen: IBC tell us that the Executive intend to make a decision about the sale of Kiln Meadow during the next 6 months. Furthermore Bellway Homes have already enquired to IBC about the site and have had surveyors working there.

15th April 2010: With the coming election, there is a sense that our long campaign may be reaching a climax. So here is an update on the situation as we understand it:

We believe that development of the site will contravene wildlife legislation. We have previously taken action against Babergh District Council, using the Local Government Ombudsman, and we will not hestitate to do the same with Ipswich Borough Council if they decide to destroy this nationally important site.

What we want IBC to do is to not sell the site, to allow the planning permission to lapse, and to survey the site thoroughly, consulting with expert opinion before deciding on it's future.

Ask your councillors if they have read the briefing document, and what their view is - see people to contact. Let them know how you feel about IBC selling your wildlife heritage and ask them to oppose the sale.

Following Ray's apearance (is that the right word?) on Ipswich Community Radio, the Save Kiln Meadow Facebook group has really taken off - have a look.

Ipswich Borough Council have told us that they will make a decision about the sale of Kiln Meadow, Belstead Brook Park, on 13th July.

It still amazes me that IBC can think of selling this site, in the middle of a great wildlife area, probably destroying the largest recorded population of toads in the country. It's our heritage - and it will be trashed. Why can't they sell some of the Constable paintings in the art gallery since they are so desparate for cash? At least the paintings, if sold, won't be destroyed.

Also, do write to the press, tell your neighbours, colleagues and friends about the campaign and get them to sign the petition and contact their councillors. This may be our last chance.

5th July 2010: We've had a great response to our petition on the future of Kiln Meadow, Belstead Brook Park - over 800 people have signed the petition asking IBC not to sell Kiln Meadow. We presented the petition to Councillor Paul West today at Grafton House:

BBC Radio Suffolk featured Kiln Meadow on Mark Murphy's breakfast show this morning: listen again
(SKiM's Ray Sidaway 0:41.00 - 0:47.00, Councillor John Carnall 1:42.00 - 1:49.00)

The executive meet on 13th July, at 6 p.m to make a decision to sell Kiln Meadow - see the proposal that they will be discussing. John Carnall has already made up his mind that this will happen, so we must convince the other members of the executive to reject the proposal.

So if you can do nothing else, email the executive and say 'Please do not sell Kiln Meadow'

If you have a bit more time and energy, explain why you think it should not be sold. If any of these people are your local councillors, talk to them. There is plenty of information in the documentation below. But one major point is this: John Carnall has been telling the media that IBC will sell the land but preserve the toad population. The proposal does not explain how they can save the toads if they have no idea of where they live, feed and migrate!

The public can attend the Executive Meeting at 6pm at Grafton House - so turn up to hear them sell our wildlife off to the highest bidder.

12th July 2010: IBC have provided us with the Interim Report from the ecological consultants who are carrying out surveys on IBC's behalf.

IBC's executive decided this evening to sell Kiln Meadow. This is without knowing where the toads live, feed and hibernate. They have abdicated their responsibilty under NERC 2006, have gone against recent government statements about the importance of wildlife, and against the spirit of Europens Law. It was a sad occassion.

The one bright moment was when Cllr Inga Lockington spoke against the proposal, her bravery,honesty and commitment to principle was in sharp contrast to the frankly, ignorance, and lack of understanding shown by other members of the executive. She did not vote in favour of the sale. She wasn't given the chance to vote against!

22nd July 2010: Another long update - apologies but we do like to keep people informed (unlike some of our elected representatives!)

Proceedings leading to a judicial review have been initiated. If this is as new to you as it is to us, well, it's where we ask a judge to look at how IBC made the decision to sell. It includes the law, and if they are breaking it, and also whether they followed correct procedures, including adequate documentation, not making their mind up beforehand etc.

So we need any evidence - emails and letters - complaints, responses, comments, etc. from IBC to you. If you have any info, please forward it to us. Our solicitor has stressed the importance of indicating a lot of public opinion around this, and evidence of their mishandling of this. Making up their mind beforehand is a big no no,so if you any email or letter that suggests that this happened, let us know as as possible.

The minutes of the Executive Committee Meeting have been issued. You can find them on the IBC website along with all the papers for the meeting. Those who were there are very angry at the significant deficit of honesty and democracy in the proceedings and in the minutes. If you were there, please submit complaints to the Council's monitoring officer, Claire Barnitt, and copy responses to me so that we can use them for the legal case and an ombudsman case. Be as specific as you can, not vaguely 'it was wrong'!

The executive decision has been 'called in', which means it will be reviewed by the scrutiny committee. The meeting is set for Wednesday 4th August, 6p.m., at Grafton House. Unfortunately the SWT expert, whose submission was ignored by the executive, will be on holiday. But some of us will be giving evidence. The scrutiny committee can either send it back to the executive (I guess then it will be a rubber stamp job) or refer it to the full council, when we would be in with a chance of delaying the sale until surveys have been done and SWT and the county ecologist consulted and their advice taken.
The public (that means us) can attend. Please come along if you can, to be a witness.
The executive meeting last week opened our eyes; lots of strange things happened/didn't happen, to my mind the minutes are severely deficient...but if only six of us to complain they can ignore it. But 20, or 30...

IBC executive hoped to hand over the responsibility for sorting out this mess to Babergh. Who have a very poor record - remember they were the ones who didn't talk to SWT when granting outline planning permission, and ignored SWT's email about the toad population.
So even though they have a policy of not allowing development on proposed County Wildlife Sites, and Kiln Meadow has been proposed as such, (hooray!), I don't trust BDC planners to resist the advances of a determined developer. So we need to lobby and get what assurances we can, and to build up evidence to challenge detailed plans which could be submitted any time now.
Fortunately, we have some every determined supporters who are starting to do this and already getting results - but every letter, email, conversation with councillors, letter to the press, helps.

22nd July 2010: The BBC Radio Suffolk news at 5pm this afternoon covered the sale of Kiln Meadow, including interviews with Dr Simone Bullion (Suffolk Wildlife Trust) and Cllr John Carnall (IBC).

However it was really disappointing that Cllr John Carnall made such inaccurate and misleading statements (our view highlighted):

The Scrutiny Committee Meeting on 4th August considered the Executive's decision to sell Kiln Meadow.

The scrutiny committee consisted of six Labour councillors, and seven Tory/LibDems including the chair. So I think you know the result. The Tory/libDems voted robotically, the decision was immediately ratified, I expect they signed the sale an hour after the meeting.

However, the meeting was significantly different from the executive - there was some opposition! Who actually took their scrutinising responsibilities seriously and asked lots of questions.

The Tory/LibDems didn't ask any pertinent questions, as far as I recall, and made one or two irrelevant, misleading or incorrect statements and voted like puppets. Perhaps we should send them a definition of the word 'scrutiny' One of them probably couldn't even spell it. And one or two nearly nodded off. The quote of the day was Liz Harsant's - this is our council leader, who chaired the exec comm meeting - statement that she had no idea what the impact of development would be on the wildlife of Kiln Meadow! She didn't know and didn't care. Though her husband, Cllr Russell Harsant, treated us to a little diversion into his back garden and the squirrells and foxes therein.

What particularly angered many of us was that Nigel Cheeseman and Mary Young both voted to ratify the decision. Mr Cheeseman was actually a member of the 'Save Kiln Meadow' Facebook Site at the time, and Mary Young has expressed her support for wildlife to me when she sought my vote (I have told her not to bother next time).

When we next vote for Ipswich councillors, we must remember the casual contempt with which the Tory/LibDems have treated democracy and the views of the people of Ipswich.

So to the future of Kiln Meadow - we can't immediately stop the sale. There is a strong rumour that the developer is Redrow Homes, but we won't know for sure until the detailed planning permission is submitted to Babergh District Council. At which point we will contest it if we can. There were certainly irregularities in the outline planning permission.

And today - is this how we have to spend a summer Sunday? - the SKiM committee are writing witness statements for the legal case - we are applying for leave to have a judicial review of Ipswich's decision. The evidence seems very clear that for two years now we have been lobbying IBC, telling them about their responsibilities under NERC Act 2006. They have consistently ignored this and fobbed us off, refused permission to conduct our own surveys, and shown contempt for the NERC Act and wildlife and public opinion.

As Cllr Sandy Martin said at the meeting, the NERC Act is a law of the land. The council 'must have regard for biodiversity'. IBC can't ignore this law because they don't like it.

If you have any correspondence from the council or councillors relevant and useful as evidence for this case, please let us know. You can contact Jen at 07879844939

We've made several "Freedom of Information" requests to clarify what ecological advice IBC took prior to making it's decision. It turns out that IBC didn't consult the County Ecologist or Suffolk Wildlife Trust.

12th August 2010: The overwhelming public feeling against the sale of Kiln Meadow has failed to shift Ipswich Borough Council form their antediluvian attitude (e.g Councillor Russell Harsant seems to think that because their are foxes and squirrells in his garden somehow the biodiversity duty is satisfied!). Therefore we have had to resort to the law. This is a two-pronged approach:-

We have a fantastic group of supporters in Babergh, and they contacted their MP, Tim Yeo. Here is the scan of a letter sent from Babergh District Council to Tim Yeo (PDF, 1.2MB), which says they will carry out an EIA screening. Frankly, they should have done this properly years ago. But it's good to have such high-level support.

Oh... and we're thinking of having a picnic or similar social event on Saturday 4th September 2010, to get to meet supporters and families and to celebrate the work we have done so far. Let us know if you have any ideas.

SKiM - The story so far...