The Senior Planning Officer, London Borough of Haringey London N22 Sent by e-mail on the LBH electronic comments

form for this application 22nd May 2013

Dear Madam / Sir, Re: The Former Friern Barnet Sewage Works site, off Pinkham Way (A406 North Circular Road) London N11 3PW

Your Application Reference : HGY / 2013 / 0847 I REQUEST TO SPEAK AT THE PLANNING COMMITTEE
Dear Madam / Sir, It would be unlawful for any trees on the above site to be felled or to have branches severed as bats are proven to be present on the site and may be adversely affected by the planning proposals to fell or to sever major limbs of trees on this site.. It is quite likely that bats do occupy holes or crevices in these trees. These sheltering places (called roosts) are highly protected by law and must not be destroyed. It is also unlawful to disturb bats whilst they are occupying their roosts Bats may use these trees for foraging, and it is unlawful to reduce the feeding potential of bats especially now as they may be giving milk to their young and it is an offence to cause so much disturbance to bats if they are unable to nurture their young. Some bats may hibernate within these trees and again it would be unlawful to prevent the hibernation of bats by destroying heir hibernation sites even when these are not occupied. As you may be aware, no bat surveys have been undertaken recently No bat surveys were undertaken around the trees on site. So we must assume that bats could roost in every tree, every nook and cranny in concrete brick or wooden structures in the above site.

Surveys have not been undertaken by The Applicant: (1) For bats which are European Protected Species (2) For bat roosts in trees or other structures all over this site

The bats and their roosts are protected under the EU Habitats Directive Articles(1) and (16) and therefore in UK law protected under the Habitats and Species Regulations to which L B Haringey has a legal obligation to observe. Furthermore, I am happy to send the planning officers, case law showing how local councils have been successfully taken to court for failing to observe these wildlifeprotection laws. I would seriously advise you to follow the law and to contact Natural England over this proposal. We are currently seeking a judicial review over a planning decision in LB Enfield. So please treat this application as a potentially serious legal challenge to LB Haringey to obey the wildlife laws. Please read the following legislative instruments detailing protection of bats (1) National Planning Policy Framework (2012), (2) ODPM 06/2005, (3) The EU Habitats Directive (Articles (1) and (16) (4) The Conservation of Habitats and Species Regulations (2010) (5) The wildlife and Countryside (as amended) Act (1981) Your legal department will advise you of the correctness of my statements:

It would be unlawful for L B Haringey to determine this application owing to the likely adverse effects on local colonies of bats. But since these effects are not presented to LB Haringey Mitigation is not proposed by the Applicant, Alternative plans have not been considered, The essential nature of the application has not been demonstrated Items of material consideration have not being presented then this application cannot be lawfully determined and without any licence, any work conducted on any tree on this site may be considered as a potentially unlawful criminal act, the penalties for which are severe and could include a custodial sentence.
Please do not hesitate to contact me and I will be pleased to assist Yours Sincerely, Dr Oliver Natelson London Wildlife Trust Barnet Group