Unfortunately we will not be able to start the clean-up work on Armada Way tomorrow evening as we had hoped.
We received comments from the claimant’s expert late on 25 April via her solicitor and in line with the court order, together with our independent ecologist we have been considering the implications of the points raised.
The claimant’s points include:
- A recommendation to delay the removal of some of the stacks of felled trees until July
- Request to remove the felled trees and stumps during day light hours and not at night
- If stacks are moved, further clarity has been requested as to how that will be done to ensure potential nests are not disturbed
- The request for ‘exclusion buffer zones’ for the remaining trees
- Request to move the location of the chipper in case a nearby nest is being used.
The claimant also enclosed a bird survey, highlighting a number of birds that have been sighted singing, foraging or entering the area. Our independent ecologist has requested additional time to investigate further, to ensure that these birds are not nesting on Armada Way, with nests hidden in the large stacks of felled trees.
We are complying with the conditions of the High Court order which means we need to consider these points and where appropriate, to review our independent ecologist’s methodology to accommodate them.
Assistant Chief Executive Giles Perritt, said: “Clearly this is disappointing – and frustrating – but we have to abide by the very clear instruction of the court following the injunction and ensure we are not breaking the law surrounding the protection of nesting birds.
“We were intending to carry out the clean-up work as soon as the trees were felled, before we moved into the heart of the bird nesting season. The injunction stopped us doing this.
“As announced earlier this week, we had pencilled in that the clean-up work would hopefully start tomorrow. But that was subject to the ecologist methodology and discussion with the claimant. Given that these matters need to be considered carefully by our independent ecologist, particularly as we are now in the middle of the bird nesting season, we do not feel we are in a position to progress with the work tomorrow evening as we had hoped.
“We know that this will be disappointing to businesses, shoppers and residents. But we have no choice. To move forward we would be risking potential prosecution.”
No date has yet been decided on when the clean-up work will start, but we hope to be able to announce this as soon as possible.
For more information about www.plymouth.gov.uk/armada-way