135.
Councillor Çufoglu attended the meeting and addressed the Panel pursuant to the
provisions of Meetings General Procedure Rules 5 (1). He advised the Panel that he
had attended its meeting in August and had shared his findings from participating in
the Royal Society for the Protection of Birds (RSPB)’s ‘Big Bird Watch’ which had
showed that Colchester was home to several ‘red’ and ‘amber’ listed species. He
had requested that signage be installed at lower Castle Park to advise residents
about foods which could safely be fed to birds, could he have an update on what
progress had been made in respect of his suggestion?
He had also shared his concerns that the selection of shrubs and trees which had
been gifted to residents under the Council’s Trees for Years scheme the previous
year had been very disappointing, as these plants had offered little environmental
value. He requested that the Panel take a more pro-active approach towards the
Trees for Years scheme to make this more meaningful, and he had also requested
that a pollinator strategy be developed. The Panel had previously been encouraged
to make contributions to Essex County Council (ECC)’s Local Nature Recovery
Strategy, as he had been the only Councillor from Colchester who had attended
ECCs initial presentation in relation to this. He questioned the Council’s decision to
end the ‘No Mow May’ scheme, and expressed disappointment that he had not
received a written update or invited to a meeting with senior Councillors as he had
been promised by the Chair at the previous meeting of the Panel.
Mel Rundle, Head of Sustainability, attended the meeting and advised Councillor
Çufoglu that she had liaised with the Council’s Operations Manager in respect of his
request for signage in lower Castle Park. Signage had been present in the past but
its use had been discontinued due to frequent vandalisation. Additionally, the
signage had been poorly received at the time it had been installed as the BBC had
simultaneously released an article suggesting that it was acceptable to feed birds
bread. Officers were happy to reconsider the installation of suitable signage in the
area once the water levels in the lake had reached an appropriate depth. Officers
had drafted an email response to Councillor Çufoglu following the last meeting of the
Panel, but an error had meant that this had not been sent to him.
In respect of the Council’s Trees for Years scheme, the Panel was advised that
unfortunately due to budget resource issues this scheme would not be delivered in
2025, but would be considered again in the future. Councillor Çufoglu’s comments
about the types of trees that were offered would be taken into account at this time.
The Panel heard that Officers from the Council’s Parks and Countryside Team had
been consulted in respect of ECCs Local Nature Recovery Strategy, and had been
provided the opportunity have an input into this Strategy.
Councillor Çufoglu was advised that the Parks, Countryside & Greening Operations
Manager had sent him an email with a link to the Council’s website highlighting
information around No Mow May. Unfortunately, the Council had had to stop this
initiative as issues had been caused by cutting grass which had grown very long,
and it was considered better for wildlife and seed dispersal to have more areas of
long grass which were left unmown all season. The issue of the use of glyphosate
herbicide was on the agenda for this meeting, and the use of glyphosate had been
removed in all the Council’s operations. The Council had not yet decided whether to
not to implement a pollinator strategy, but in the event that it did decide to do so,
then a draft of this policy would be presented to the Panel for its input in the future.
Councillor Çufoglu welcomed the comprehensive response he had received but
requested that when the Council made decisions such as cancelling No Mow May or
introducing a pollinator strategy, it consulted with local environment groups.
At the request of the Chair, who had noted that members of the public who were
present wished to address the Panel on the subject of Middlewick Ranges, the
Democratic Services Officer advised those present that there was a meeting of the
Local Plan Committee on 16 December 2024 and registrations for Have Your Say! at
this meeting should be submitted by noon on 13 December 2024.
Martin Pugh attended the meeting and addressed the Panel pursuant to the
provisions of Meetings General Procedure Rules 5 (1). He advised the Panel that the
United Kingdom (UK) was facing a biodiversity crisis, and was one of the most
nature-depleted countries in the world, with Essex ranking as one of its most nature-depleted counties. Over 97% of wildflower meadows had been lost since World War
II, and in Colchester, the acid grassland of Middlewick Ranges represented over a
third of such habitats in the district. Losing this habitat was always damaging, but
now it was known that the area was of national ecological importance.
The Panel heard that the government’s legally binding targets aimed to halt species
decline by 2030, with abundance increasing by at least 10% by 2042, while restoring
500,000 hectares of wildlife-rich habitat. Mr Pugh stated that building on Middlewick
directly undermined these goals as its development would destroy vital habitat,
increase species extinction risks, and erase opportunities for habitat restoration—
breaching both national and local biodiversity commitments.
Local Wildlife Sites (LoWS), like Middlewick, formed essential green networks,
holding together fragmented ecosystems. Often as valuable as Sites of Special
Scientific Interest (SSI)s, LoWS were critical refuges for wildlife, and havens for
communities, particularly during a mental health crisis. LoWS should never be
considered disposable, yet Middlewick was allocated for housing in 2017 without
surveys or consultation, with a presumption for development that ignored the “avoid”
step of the Mitigation Hierarchy. The destruction of Stanway Sidings LoWS for
housing had mirrored this pattern. Presumed development destroyed 6 hectares of
woodland before its ecological value, including one of Essex’s largest Great Crested
Newt populations, was properly understood. Newts were confined to smaller
habitats, with “compensation” limited to a single pond. Middlewick risked becoming a
larger-scale tragedy, greenwashing destruction with hollow promises of Biodiversity
Net Gain (BNG).
In November, the Friends of Middlewick had funded a vital CHEGD+ fungi survey by
Emma Williams after planners ignored calls for it. Her findings had been:
- 21 waxcap species exceed the SSSI threshold.
- Nine IUCN Red List species, as globally threatened as snow leopards
and pandas.
- These results confirm Middlewick as nationally significant, meeting
JNCC SSSI criteria.
Emma Williams had described the site as “screaming acid grassland,” directly
contradicting the Stantec report’s misidentification of habitats as “poor semi-improved.”
Experimental plans to artificially recreate acid grassland, such as sulphur
amendment, are scientifically flawed and environmentally risky, as highlighted by
experts like Professor Gareth Williams. Such strategies rarely succeed and could
harm nearby ecosystems, yet were accepted by planners without scrutiny.
Middlewick’s allocation in the Local Plan had been a mistake that breached planning
law and undermined biodiversity goals. It must be removed from the Local Plan and
reallocated as a nature reserve. How would this Panel ensure Colchester planners
adhered to national and local biodiversity obligations, prevent further destruction of
LoWS, and act decisively to remove Middlewick from the Local Plan?
The Chair of the Panel confirmed that it had no formal oversight of the Local Plan. A
review of the Local Plan was currently ongoing, and Mr Pugh was urged to make his
representations to the Local Plan Committee which was meeting shortly.
Mr Pugh considered that the Panel did serve a crucial role in the Council and he
would like to think that there would be a role for the Panel in the decision making
process. A letter which had been sent to the Council from Natural England was now
in the public domain, and it would be good to have confirmation that all Councillors
had read this.
A Panel member recalled that he had suggested that due to the importance of issues
around Middlewick Ranges and the site itself, a public debate be held to consider
these, and he wished to make a formal recommendation to Cabinet that such a
debate was considered.
Caroline White attended the meeting and addressed the Panel pursuant to the
provisions of Meetings General Procedure Rules 5 (1). She had revisited the
Council’s supplementary planning document on Biodiversity. This document clearly
outlined statutory obligations for biodiversity in planning, and yet the inclusion of
Middlewick Ranges in the Local Plan highlighted significant failures by the Council’s
planning officers to adhere to these principles.
The document stated that development would only be supported with appropriate
ecological surveys. Yet Middlewick, a Local Wildlife Site (LoWS) with irreplaceable
habitat and recorded species of principal importance, had been included in the Local
Plan without ecological surveys. It also stated that proposals resulting in the loss of
irreplaceable habitats would not be permitted unless there are "wholly exceptional
reasons" and a suitable compensation strategy. However, the Council had presumed
that development was deliverable on this site, later supported by the flawed Stantec
report. This report was dismissed as "rubbish" by the portfolio holder for planning but
remained part of the evidence base.
What actions were being taken to ensure ecological expertise informed planning
decisions, so planners could comply with statutory and local guidelines? Planners
and the portfolio holder often prefaced responses to residents with “I’m not an
ecologist,” yet they independently made decisions on ecology, presenting
misinformed advice that had led to Middlewick’s inclusion in the Local Plan.
The requirement for a full grassland fungi survey at Middlewick was raised
repeatedly but ignored. Friends of Middlewick (FOM) had to fund a CHEGD+ survey
by national fungi expert Emma Williams. Her preliminary findings had showed that
Middlewick’s fungi exceed SSSI thresholds, with nine species on the IUCN Global
Red Data List, globally threatened species in the same category as snow leopards
and giant pandas. Who had advised the planners on the ecological significance of
acid grassland or and the potential mycological value of such a habitat?
The species list was expected to grow following microscopy by Emma and eDNA
analysis by national expert Professor Gareth Griffith who were both national experts.
Professor Griffith had previously conducted a study on translocated waxcaps at the
Severalls development site. Although planners had accepted this compensation for
the destruction of waxcap habitat, Professor Griffith had referred to this strategy as a
‘translocation experiment” which he concluded was a “limited success, in part due to
its complexity.”
The experimental sulphur amendment strategy proposed for Middlewick was further
evidence of planners failing to understand the complexity of ecosystems. This
approach was focussed on the “Field of Dreams” hypothesis, referred to as myth in
research. No mention had been made of the high potential for the strategy to have a
detrimental impact on such an environmentally sensitive site. Was the Council’s
Biodiversity Supplementary Planning Document simply a glossy brochure to
greenwash the experimental compensation policies used to justify the destruction of
habitats?
What role could the Panel play in ensuring ecological expertise informs planning
decisions to comply with legislation and the Council’s biodiversity duty? How would it
ensure that the mistakes which had been made at Middlewick were not repeated
elsewhere?”
The Chair offered the Panel’s thanks for the care and attention which had been given
to the representations which had been made. It was her understanding that fresh
biodiversity evidence was being considered as part of the current Local Plan review
process. Officers were required to balance a range of roles and responsibilities, and
were aware of the concerns which had been raised by residents.
In response, Caroline White reiterated that she believed that there was a lack of
ecological expertise as part of the process. Data had been submitted to the Council
and assurances had been offered that this would be evaluated, but despite asking
repeatedly, the names of the experts who would be evaluating the date had not been
provided. She did not believe that the Council’s planers had the necessary
knowledge to analysis the data provided. The Chair considered that it may not be
possible for Officers to reveal the personal data of individuals.
Dougal Urquhart attended the meeting and addressed the Panel pursuant to the
provisions of Meetings General Procedure Rules 5 (1). He was the Chair of the
Colchester Natural History Society (CHNS) and wished to address the Panel on the
subject of Middlewick Ranges, and the role of the Panel. The CNHS had worked
closely with the Council on biodiversity issues for many years. In fact, going back
152 years, the very first CNHS meeting had been held in this very building with the
then mayor Hawkins presiding. The Essex Standard reported the Mayor saying “if
there was any way in which he could assist he should be most happy to do so!” It
would be appreciated if the Council would be so helpful as it had been then.
At the last Panel meeting, the Middlewick campaign had been heartened by the
concerns expressed by Councillor Bentley who had said “it was a very important
issue for the city, it was an issue beyond the Local Plan, a proper Colchester debate
is needed, Colchester deserves it, and the Cabinet member could be asked to set up
a meeting”. It was a pity that the minutes didn’t have this as an action point, as four
months had passed without that meeting, which was still needed.
For a number of reasons Middlewick continued to be a national issue, not just
amongst national wildlife organisations. It had also attracted the attention of the
national media such as Channel 4, The Guardian and The Daily Mail. However, the
looming threat of destruction to this nationally significant site for biodiversity within
the city, still didn’t warrant any discussion by this Panel, other than during the Have
Your Says! Section of the meeting.
The allocation of Middlewick Ranges for development represented a catastrophic
failure of planning processes, violating National Planning Policy Framework (NPPF)
guidelines, biodiversity laws and procedural standards. The decision to allocate
Middlewick for development in 2017 had been made before any ecological surveys
were carried out, and ever since then, there had been a presumption of
development. The independent ecological survey was not independent but was
asked to identify where building could take place and had a very narrow brief of
botany and invertebrates. Despite what had been minuted about the sharing of data,
Councillor Luxford Vaughan had said at one stage that no sharing should happen,
while planners also refused to meet with Essex Wildlife Trust officers. The statement
by a senior planner at a recent Local Plan Committee meeting that new wildlife
evidence was a distraction to her team, had been shocking to hear. This disregard to
the importance of biodiversity was very alarming but in truth it’s been the same
attitude the Council had maintained about Middlewick since 2017.
The site was unviable for development under the NPPF, protecting and enhancing
biodiversity. Middlewick was simply irreplaceable, and the Council should not only
take this site off the Local Plan, but begin planning on ways to protect the
biodiversity and save the site for future generations.
The Panel would have heard of the spectacular colourful display of grassland fungi in
early November, which was of national importance and further proof of the
irreplaceable ancient acid grassland. As someone said following the discovery of
these rare fungi; “the one doing the most to save the Wick, is the Wick itself!”
At the request of the Chair, the Democratic Services Officer explained the function of
minutes of Council meetings, and the fact that these were not verbatim records of all
that had been said during a meeting, and they did not record action points, but rather
formal decisions and recommendations which had been made by a Committee or
Panel.
RECOMMENDED TO CABINET that: that a public debate around the inclusion of
Middlewick in the Local Plan is considered.