In the interests of accuracy, this has been described from the first as ‘Ancient Woodland’. That is a legal definition:
Its sub-category “Ancient and Semi-Natural Woodland” applies to Scorey’s Copse (only) which runs behind the Brigadier Gerard. See HM Government’s ‘MAGIC’ website https://magic.defra.gov.uk/MagicMap.aspx) [Habitats and Species - Habitats - Woodland]
The whole of the woodland belongs in the ‘Priority Habitat Inventory’ category.
As the trees smoulder, let’s push harder for a legally-defined Green Belt for South Hampshire. Currently, in all Hampshire, all we have is a tiny bit on the far side of the New Forest, down near New Milton.
I bet everyone that emails George Eustice gets the same thing in their bounce back where it will say he can only correspond with his constituents. Poor really for a Councillor to waste everyone’s time like that and direct people to the wrong information. Well intentioned but not well informed.
Thanks @WalkerB sir, I’ve corrected the message. Lets not get political on this one though, she’s actively trying her best and I should imagine reaching him isn’t a day to day action for a local councillor. George Eustice’s profile online isn’t so helpful either as it all points to his mp one after i clicked around trying to find it.
The owner is clearly playing the long game with regard to planning options or to sell the land for development. We need to ensure that any future applications are met with such pressure that any planning department wouldn’t dare to grant anything other than a return to woodland. Happy to support a crowd funded prosecution if the local council don’t fulfil there obligations.
Horton Heath Woodland: I thought you would appreciate an update! I have just received the following information from EBC enforcement team:
Following consultations with Legal, Trees, Environment, Hampshire Police and other parties throughout today I can confirm that I have served a Temporary Stop Notice on the land under the Town and Country Planning Act 1990 which prohibits any further development works for the next 28 days. This gives the LPA time to prepare our case against the land owner and there is no right of appeal against such a Notice. The validity of the Notice can only be contested by way of a Judicial Review. The site will continue to be monitored and, in co-operation with the Legal team, I will proceed to the next course of action during this time with updates provided throughout.
We will also be pursuing a Tree Replacement Notice for the site which will be led by the Council’s Tree team. This Notice will require a specified number of trees to be planted on the site, a figure which is yet to be confirmed.
An Abatement Notice has also been served under Section 80 of the Environmental Protection Act 1990 by Pollution Officer. This is in relation to smoke pollution following the burning of green waste and other material and will prohibit the owner from carrying out further burning on site that would cause a statutory nuisance for smoke. This Notice has no expiration. There is a right of appeal against this Notice within 21 days of the Notice date however, should an appeal be made, it would not be suspended until the appeal has been either abandoned or decided by the Courts.
Should the owner of the land or contractors acting on his behalf carry out further works on the site or burning considered to be a statutory nuisance takes place then they will be in breach of the Notice(s) and further formal enforcement action will be taken.
I would like to take this opportunity to thank everyone who has assisted so far in this investigation. All evidence received from various parties has been added to the file and will be crucial to our case against the land owner.
Thank you to all of the Councillors, Officers and members of the public for their assistance. The wheels are well and truly in motion!
