Archived press release

FOE CONDEMNS GOVERNMENT DECISION TO BUILD NEWBURY BYPASS BEFORE EFFECTS ON RARE SNAILS ARE KNOWN

6 June 1996

Friends of the Earth today condemned the Government's decision to continue building the Newbury Bypass. It said the Government should suspend construction of the bypass, until a proper assessment has been made of its effect on the proposed 'Special Area of Conservation' and the rare Desmoulins Whorl Snail (Vertigo moulinsiana) [1].

Friends of the Earth's lawyers are urgently investigating a legal challenge to Mr John Watts'decision, including, if necessary, an injunction to stop all building work.

Friends of the Earth noted that no proper assessment has been made of the impact of the bypass on the snail population, as required by the European Habitats Directive and Government policy [2]. For example, no specific studies of the effects of water run-off, construction work or pollution on the snails have been carried out. The Government has given no guarantee that its plan to move the snails will work [3].

Charles Secrett, Executive Director of Friends of the Earth said:

"Friends of the Earth will use every lawful method we can to ensure the Government fulfils its legal obligations. It must suspend work on this bypass until a proper assessment of the bypass's effect on the snails and their habitat has been carried out."
Friends of the Earth also pledged to step up its campaign of shareholder action against the Costain Group plc who were, today, awarded the main contract to build the Newbury Bypass [3]. Hundreds of green activists have already bought Costain shares and will attend the Group's next Annual General Meeting [4].

NOTES TO EDITORS:

[1] Today, Transport Minister Mr John Watts announced his decision to proceed with the Newbury Bypass in a Parliamentary answer to Sir David Mitchell MP. The Environment Secretary, Mr John Gummer also announced the declaration of part of the route as a 'Special Area of Conservation' under the EU Habitats Directive.

The European Union 'Habitats Directive' (Council Directive 92/43/EEC) requires EU Member States to establish 'Special Areas for Conservation' (SACs) to protect habitats and a number of scarce animals and plants. Desmoulins Whorl Snail, which has been found on the route of the proposed Newbury Bypass, 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] Under the EU Habitats Directive (92/43/EEC), Member States had to supply a list of candidate Special Areas of Conservation for native species to the European Commission by June 1995. The proposed Special Area of Conservation for Desmoulins Whorl Snail was not on the UK Government's proposed lists, even though their presence on the route of the bypass was known.

UK Government policy is to treat candidate SACs as designated SACs. Any plan or project likely to have significant effects on an SAC must be subject to an appropriate assessment of its implications for the site in view of the site's conservation objectives. If this assessment is negative, and there are no alternative solutions, the plan or project can not proceed, unless there imperative reasons of overriding public interest, including those of a social or economic nature. The opinion of the general public on the assessment must, if appropriate, be obtained.

[3] In his statement, Mr Watts announced plans to move areas of snail habitat away from the route of the road. However the benefits of exercise are dependent on its "successful implementation" and cannot be guaranteed.

[4] Today, the Department of Transport awarded the main contract for the Newbury Bypass to the Costain Group plc. Costain are required by law to hold an Annual General Meeting of its shareholders before the end of the year.
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