Archived press release

Government faces court action over Newbury snail

11 June 1996

The Government is to be taken to court over its failure to protect the rare Desmoulin's Whorl Snail on the route of the Newbury bypass. A coalition of local people and local, national and international environmental organisations have today lodged papers seeking a judicial review [1] over the Government's decision to build the Newbury bypass through the internationally significant wildlife site [2].

The coalition comprises BBONT (The Berkshire, Buckinghamshire and Oxfordshire Naturalists' Trust), Friends of the Earth, The Wildlife Trusts,World Wide Fund For Nature (WWF-UK) and local residents Mr Richard and Mrs Janet Stephens.

Peter Roderick, Barrister for the coalition, said:

"This is a pristine and internationally significant wildlife habitat which has evolved over thousands of years. The European Habitats Directive was drawn up to protect areas like this: the Government must not be allowed to bypass the law."

Work has already begun on site preparing ground for moving snail habitat, despite the fact that the Highways Agency's own surveyor who identified the presence of the snail on the route of the road has stated:"The sensitivity of the species to disturbance is clearly demonstrated and it is unlikely that it would be a successful candidate for any species recovery programme"[3]. Experts agree the transplantation of snail habitat has never before been attempted and is likely to fail and even the Government's own nature conservation watchdog, English Nature, has made no guarantee that transplantation will be successful.

If the challenge is successful it may result in an injunction, holding up work on the Bypass until a proper assessment has been made of the impact of the scheme on the wildlife site and alternatives to the route have been considered.

ENDS

Notes

[1] The judicial review will show that the Government has failed to treat the Kennet and Lambourn floodplain Site of Special Scientific Interest(SSSI), as a candidate Special Area of Conservation (SAC) - despite acknowledging that it will become one after consultation with landowners.Consultation began on 6 June 1996, the same day as the Government announced its intention to dig up part of the proposed SAC and move it elsewhere.

[2] The Kennet and Lambourn floodplain features patches of pristine chalk marsh, relics of the last Ice Age and has been proposed as a European wildlife site because it is home to exceptional populations of the rare Desmoulin's Whorl Snail (Vertigo moulinsiana). One of the sites under threat of destruction from the road is Rack Marsh, an island water meadow in the Lambourn managed as a nature reserve by BBONT.

[3] Killeen, I. J. (1996). Vertigo moulinsiana (Dupuy, 1849). In van Helsdingen, P. J., Willemse, L. and Speight, M. C. D. (Eds). Background Information on Invertebrates of the Habitats Directive and the Bern Convention. Part III. Council of Europe, Strasbourg. 483-490.

If you're a journalist looking for press information please contact the Friends of the Earth media team on 020 7566 1649.

Published by Friends of the Earth Trust