A building site manager accused of recklessly destroying a badger sett on a housing development has been cleared by magistrates.

Richard Beadle , of James Carter Road, Colchester, denied the charge between February 19, and March 1, 2003 at the Bovis Homes housing development in Maltings Lane , Witham.

The court heard Mr Beadle, 35, was site manager when a concrete access path between the compound and the site was built through a hedge, which badger experts believed was home to the only sett in Witham.

But after a trial at Witham Magistrates' court it was ruled there was not enough evidence to prove there was an active sett at the time the path was laid.

The court heard a study by the North East Essex Badger Group (NEEBG) was conducted and nine badger holes were found near the hedge, when planning permission was granted on the Maltings Lane site in 2001.

The original owners of the land Barratt Homes met with the NEEBG and agreed no work would be conducted within 30 metres of the hedge and it would be fenced off as a guideline.

But magistrates also heard no licence was applied for by Barratts to protect the badgers under the 1992 Badgers Act.

Renee Hockley-Byam , chairwoman of NEEBG, told the court on inspection between June 2001 and August 2002, the holes had disappeared and the land had been disturbed at the same time work was going on at the site.

She also said she found a dead adult badger and a dead cub badger nearby on one occasion.

On February, 20, 2003, the access road had been laid, Mrs Byam then visited in August 2003 and said she was very "despondent" about the badger situation.

Stephan Albert, prosecuting, said: "As site manager and allowing a rubble road to be constructed through the hedgerow having been bulldozed, he must have known that there was an active badger sett in there and it would be destroyed."

But Mr Beadle, who was employed as site manager in January 2003, told the court he was just "following orders" and Bovis Homes had no knowledge of the badger sett after the land was released from Barratt Homes.

Mr Beadle explained the first he knew he about the sett was when police questioned him on April 15, 2003.

Dean Brown , building director at Bovis, said he never mentioned badgers to Mr Beadle because he had no knowledge of the issue.

Ecologist, Karen Buckley , said it was unlikely after her visits to the site in July 2002 the hedge was the main sett and there was no badger activity there at that time.

Adam Chambers , defending, added: "It wasn't an active sett and he didn't have the necessary intent or recklessness to commit the offence."

Speaking after the case Lorna Byrne, spokeswoman for Bovis Homes, said: "As a responsible developer, Bovis Homes takes ecological issues extremely seriously. We followed professional ecological advice on the Witham development, where Richard is employed, as we do on all our developments.

A spokesman for Barratt Homes said after the case: "This land was purchased jointly by Barratts, Bovis and Wimpey, and Bovis was therefore a primary consortium member.

"As such they had all the information on all the aspects of the site including the environmental issues."

Published Friday January 9, 2004

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