Archived press release

Proposed snail sanctuary could cause bypass review

14 May 1996

Government scientists will recommend tomorrow that a new European nature reserve be established on the route of the Newbury Bypass to protect one of the best areas in the country for the tiny Desmoulin's Whorl Snail [1]. If the proposal is accepted, the law says that the Newbury Bypass will need to be reviewed [2].

The recommendation to list the new nature reserve, covering parts of the floodplains of the rivers Kennet and Lambourn, coincides with the launch of the Government's new wildlife protection plans which include specific targets for the conservation of the rare snail [3]. The fact that the snail's protection is Government policy and that it is also committed to building the road means that the fate of the Desmoulin's Whorl Snails at Newbury will be an acid test for the Government's stated intent to conserve the nation's wildlife.

A recent recommendation by the Advocate General to the European Court of Justice strongly suggests that any attempt by the British Government to exclude areas of snail habitat from the nature reserve because of the road will be unlawful. Friends of the Earth's lawyers have been briefed and will closely monitor the reaction of the Department of Transport in particular to the possible recommendation to set up the new nature reserve.

Tony Juniper, of Friends of the Earth said:

"The scientists have confirmed that the snail should be protected at Newbury and we await with interest the reaction of the Government in terms of how it intends to review the road. If there is any attempt to take out parts of the nature reserve so that the road can proceed unhindered, we will take the Government to court".

NOTES FOR EDITORS

[1] The European Union Habitats Directive' (Council Directive 92/43/EEC)requires EU member state Governments to establish Special Areas for Conservation to protect (among other things) the habitat of a number of named species. Desmoulin's Whorl Snail is one such species. Sites set up to protect such creatures must be identified on the basis of strict scientific criteria laid out in Annex III of the directive.

[2] The Regulations that implement the Directive in the United Kingdom state that any project granted planning permission which is only partially implemented or unimplemented and which will damage a SAC must be reviewed (Regulation 50, section 1 of The Conservation of Natural Habitats&c Regulations, 1994). During any such review, the Government will need to show that the road is of overiding economic importance, that there is no alternative to it and that habitat can be protected elsewhere to compensate for losses to the road.

[3] The Govenment launches on May 15th its response to the United Nations Biodversity Convention. A series of habitat and species action plans have been agreed which will form Government biodiversity policy.The conservation of the rare snail forms the basis of one such target.

ENDS

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