To Janet Filbin:

I am writing to you regarding an issue that has arisen at the back of Lydgate
Briercliffe, which could do with some form of official justified reply/ information.

A number of trees have been felled and residents are not happy, attributing this to the
Rolfe Carpets development that recently were granted planning permission to build, but
maybe not to do what has been done to these trees!?

I would appreciate it if you could please look into this, or direct it to the correct
person/ department who can then get back to me with pertinent information as to the
validity of this action…which I can then in short order share on our Briercliffe Parish
Council pages, and at Full Parish Council meetings.

Thanks in advance for your diligence on this matter.

Regards,

Russell Hawkes.

Chairman, Briercliffe Parish Council.

Dear Mr Hawkes

I became aware of trees being felled after a call from a resident on Monday morning and
following enquiries with Green Spaces and Amenities, the Council’s tree officer went to the site
and reported back that about 20 or so trees had been felled for which a licence had been issued by
the Council as landowner. The licence covered trees on the northern perimeter of the site and
was to allow a new fence to be erected and had been issued following consultation with the Green
Spaces and Amenities department. The applicant was asked to carry out a bird survey before
felling the trees which their agent advises that they did do. This work has been carried out
independent of the planning permission which has not yet been issued. Replacement planting
will be carried out and I have asked for these details within the next three weeks. I will put these
details on the web side under the planning application reference when I receive them.

In terms of further tree loss, I am aware that the applicant has also sought further licences from
the Council as owner of the land – for the removal of trees to the north of the site (approx. 20
trees) and for the site clearance and removal of vegetation. These are dealt with by our Property
Services department The first will be required to carry out mine shaft investigations following
investigations within the site which have not detected a shaft which is known to be in that area. I
understand that the licence will be issued on safety grounds to ensure that a potential mineshaft
and hazard is dealt with. I understand that a separate permit from the Forestry Commission for
the felling of the trees will not be required as a result of a planning permission. Similarly, the
applicant would plant replacement trees and I have requested details of these also. In terms of
site clearance, this does not itself require planning permission and so can be carried out prior to
the planning permission as long as there is no harm to nesting birds or protected
species. Bowland Ecology were on site whilst I was there on Tuesday to check for badgers and
wildlife and we have now received their reports which I have attached for your information (they
will also appear on our web site). The clearance should be carried out by the 11th March or will
require a further walkover survey.

Please note that in addition to the replacement trees following the felling of the trees on the
northern perimeter of the site, there is also a requirement for the applicant to pay the Council for
the costs of planting a further 500 trees around the site (this forms part of a legal agreement that
is being entered into with the applicant before the planning permission is issued).

In summary, I can confirm that there has been no breach under planning controls. I confirm that
is was not previously anticipated that these trees would need to be removed but the retained
trees will continue to provide filtered views of the application site and new tree planting will with
time improve the woodland and the level of screening.

I understand the sensitivity of the issues with the loss of trees and particularly with this site
where we have received a very high level of public response to the planning application and so
please let me know if you have any further queries.

Yours sincerely,

Janet Filbin.
Ecological Site Inspection Note – Nesting bird check
Project Reference: Date of Inspection: Ecologist:
BOW17/1013 Balderstone Road, 04/03/2019 Mark Breaks BSc (Hons), Ornithologist
Burnley – Nesting bird check Weather: 6/8 cloud, light rain/hail showers, wind Beaufort 2
south-westerly, 6°C.
Description of works and relevant legislation:
A pre-clearance nesting bird check was undertaken by Mark Breaks BSc (Hons) on 4th March 2019 at a site Balderstone Lane, Burnley (NGR; SD
86317). The site is subject to vegetation clearance works to facilitate site investigations. The site boundary, within which all potential bird nesting habitat
was checked is shown in Figure 1. All areas of the site were accessible and there are no constraints to the survey.

The check involved the ornithologist observing vegetation proposed for removal from several different viewpoints to observe any bird activity, using close
focus binoculars to check for nests and nesting activity. Small amounts of scattered scrub are present on the site, which comprises bramble (Rubus
fruticosus agg.) and willow (Salix sp.). The remainder of the site comprises heath/acid grassland mosaic, acid grassland, neutral grassland and marshy
grassland.

The nesting bird check was required, as Under Part 1, Section 1 of the Wildlife and Countryside Act 1981 (as amended) it is an offence to:
 Kill, injure or take any wild bird intentionally,
 Take, damage or destroy the nest of any wild bird while that nest is in use or being built, and
 Take or destroy the egg(s) of any wild bird.

Seven snipe and two meadow pipits were flushed from depressions (tyre ruts) within the site during the survey. On land adjacent to the site the following
species were observed: robin, blue tit, long-tailed tit, carrion crow, woodpigeon and lesser black-backed gull. Despite the sightings of birds during the
survey, no evidence of any nesting activity was found. Therefore the vegetation removal can take place as planned during week beginning 4th March
2019 to facilitate site investigations.

The site is likely to dry out during the spring and summer and therefore the snipe recorded during the survey are unlikely to breed there. However, the
site could provide potential breeding habitat for other ground nesting species such as reed bunting and meadow pipit, as well as scrub nesting species.
Therefore, if clearance has not been undertaken by 11th March 2019 it is recommended that a further pre-clearance check is undertaken before any
works commence.
Photographs of potential breeding bird habitat

Bowland Ecology Ltd, 2 York Street, Clitheroe, Lancashire BB7 2DL www.bowlandecology.co.uk
Ecological Site Inspection Note – Nesting bird check

Bowland Ecology Ltd, 2 York Street, Clitheroe, Lancashire BB7 2DL www.bowlandecology.co.uk
Ecological Site Inspection Note – Nesting bird check
Figure 1 – Survey Area

Prepared by: Ellen Milner, MA, MRes, CEnv, MCIEEM, Senior Ecologist

Date: 5th March 2019

Bowland Ecology Ltd, 2 York Street, Clitheroe, Lancashire BB7 2DL www.bowlandecology.co.uk
Ecological Site Inspection Note – Badger pre-works survey
Project Reference: Date of Inspection: Ecologist:
BOW17/1013 Balderstone Road, 05/03/2019 Ellen Milner, MRes, MA (Hons), CEnv, MCIEEM
Burnley – Badger pre-works survey Jack Dawson, BSc (Hons)
Weather: 5/8 cloud, light rain showers, wind Beaufort 1, 8°C.

Description of works and relevant legislation:

A pre-works survey for badger setts was undertaken on an area of land off Balderstone Lane, on Heasandford Industrial Estate in Burnley
(NGR; SD 86317) on 5th March 2019. The survey was undertaken by Ellen Milner MRes, MA (Hons), CEnv, MCIEEM and Jack Dawson
BSc (Hons). The area subject to the survey is show in in Figure 1. All areas of the site were accessible for inspection and there was no
constraint to the survey.

The survey follows on from an ecological assessment of the site which was undertaken in August 2017, which formed an Addendum to a
Phase 1 Habitat Survey Report (Ecology Services, June 2017). A single badger record was retrieved within the 1 km search area as part
of the original (2017) assessment. The pre-works survey was therefore undertaken in order to comply with the following planning
condition:

‘Prior to any site clearance or commencement of development, a pre-commencement survey of the site for the presence of badgers shall
be carried out by a suitably qualified person and to appropriate standards and shall be submitted to and approved in writing by the Local
Planning Authority. In the event that evidence is found of badgers on any part of the site then no development shall be commenced on the
site until a Method Statement to detail the measures to be carried out to avoid any possible harm to badgers during the course of
development have been submitted to and approved in writing by the Local Planning Authority. Once approved, Method Statement shall be
implemented in full at all times until the completion of the development’.

The site and immediate surrounds were checked for the following field signs of badger; setts, diggings/snuffle holes, latrines, well-worn
paths, feeding remains and badger hairs. No evidence of badger was found in the site or the immediate surrounds. Should any evidence
of badger be found or suspected during works, the scheme ecologist should be contacted for advice. As good practice, excavations should
not be left open overnight without a suitable means of escape for any fauna which could become trapped.

Legislative information
The pre-works check was required as badger receive legal protection under The Protection of Badgers Act, 1992 which makes it an offence
to:

 Wilfully kill, injure or take a badger;

 Intentionally or recklessly damage, destroy or obstruct access to a badger sett;
 Disturb a badger in its sett.

Bowland Ecology Ltd, 2 York Street, Clitheroe, Lancashire BB7 2DL www.bowlandecology.co.uk
Ecological Site Inspection Note – Badger pre-works survey
 It is not illegal to carry out disturbance activities in the vicinity of setts that are not occupied.

Where required, licences for development activities involving sett loss, damage or disturbance are issued by Natural England (NE).
Licences for activities involving watercourse maintenance, drainage works or flood defences are issued under a separate process.
Licences are normally not granted from December to June inclusive because cubs may be present within setts.

Bowland Ecology Ltd, 2 York Street, Clitheroe, Lancashire BB7 2DL www.bowlandecology.co.uk
Ecological Site Inspection Note – Badger pre-works survey

Figure 1 – Survey Area

Prepared by: Ellen Milner, MA, MRes, CEnv, MCIEEM, Senior Ecologist Date: 5th March 2019

Bowland Ecology Ltd, 2 York Street, Clitheroe, Lancashire BB7 2DL www.bowlandecology.co.uk