Paulus Wed Jul 06, 2011 1:41 pm
Hi Danny!
Nice images as usual. The damage done to the moor shows up very well indeed. It would appear that infringement & damage to archaeological sites aswell as damage to wildlife under SSSI cover has been done by the Northern Gas Networks here (freephone 0800-111999), which I assume must have been done with the consent of North Yorkshire county council? If so, aint they supposed to have an attendant archaeologist supervising this? (I think Neil Redfern is supposed to cover this area) The pipeline has certainly cut through designated prehistoric archaeological site SM28064, damaging one of the cairns and cutting through other archaeo-sensitive sites. If the pipeline continues further across the moor, eastwards, it went straight through scheduled monument SM28065 aswell. The map here shows them clearly defined:
Scheduled monument SM28065 has loads of stuff within it, from the Bronze- and Iron Age periods at least, including settlement remains and ritual sites, which any amateur archaeologist or enthusiast can tell (we have hundreds of photos of the sites in this area, going back years). This is a hugely important archaeological arena. Aswell as this, the moorland is also covered by SSSI regulations, as the map below clearly shows:
Anyone know what to do? This important moorland cannot be touched without jumping thru a number of legal hoops, as this notification from Christine Hopwood-Lewis (Historic Environment Advisor Yorkshire & the Humber region) states:
"West Nidderdale Barden and Blubberhouses SSSI was notified in 1998 under the Wildlife & Countryside Act 1981 as a SSSI and is protected by the provisions of Part II of the Wildlife & Countryside Act 1981 as substituted by Schedule 9 to the Countryside & Rights of Way Act 2000 and inserted by section 55 of the Natural Environment and Rural Communities Act 2006 (“the Act”). I enclose a copy of the SSSI notification documents (citation, boundary map and a list of operations requiring Natural England’s consent) for your information.
"SSSIs are afforded legal protection against damaging activities undertaken by owners and occupiers of land within a SSSI, public bodies and any person.
"Section 28P(6) of the Act provides that:
‘any person who without reasonable excuse intentionally or recklessly destroys or damages any of the flora, fauna or geological or physiographical features by reason of which land is of special interest or intentionally or recklessly disturbs any of those fauna and knew that what he destroyed, damaged or disturbed was within a SSSI will be guilty of an offence and is liable on summary conviction to a maximum fine of £20,000 or on conviction on indictment to a fine’.
Section 28P(6A) of the Act provides that:
‘any person who without reasonable excuse intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or intentionally or recklessly disturbs any of those fauna, is guilty of an offence and is liable on summary conviction to a fine not exceeding [£2,500]’.
The legislation also places legal obligations on owners and occupiers of land within the SSSI in relation to activities that may cause damage to the special interest features of the SSSI. No further activities as listed in the list of operations requiring Natural England’s consent should take place on the SSSI in future, without the landowner or occupier giving prior written notice to Natural England. The activities can then only be carried out with the consent of Natural England."
The ruling adds more, but that should suffice as an intro. Has someone in officialdom been ignoring the regulations, or has Northern Gas Networks cut thru the prehistoric sites and regulations somehow? Anyone know of the required archaeological dig that's meant to be done when such foundation work is laid, as on the moor here?
Last edited by Paulus on Thu Jul 07, 2011 8:42 am; edited 1 time in total