Farmer ordered to tear down building housing protected bats faces prosecution if she does so

A farm owner is on the verge of ruin after being prosecuted by the council for failing to tear down an outbuilding - but facing criminal charges if she does as it is home to protected bats. Jenny Burner and her husband Graham have been locked in a battle with their local council for six years over a structure at their farm in Loddiswell, Devon, which is several feet larger than they have permission for. But if they comply with the council’s demands to take it down they face criminal prosecution and up to six months in prison for destroying the habitat of the brown long eared bat.

She pleaded guilty to breach of a planning enforcement order earlier this week, and was ordered to pay £11,000. In desperation she called police after the case, but was advised not to touch the roost. Mrs Burner, who said that they are facing financial ruin and the case has put a strain on their relationship, said: “Things are about to come to a really sticky end. We can't cope with this." The bats can only legally be moved if a licence is granted by Natural England, as their habitat is protected under European law. However, one of the conditions is that a suitable alternative is provided, and the Burners’ say they have been unable to get planning permission from the council for a new home for the roost.



Mr Burner, 53, claims that he built the building to the wrong specifications as he is dyslexic. It stands at 20 ft by 30ft, 2ft larger each way than their planning permission allows. They use the building, originally built as a dairy, to incubate chicks as there are around 5,000 birds on the farm. He said: “With brown long eared bats you can’t use bat boxes, you have to have a large space like a roof. We can’t get planning permission so we can’t get a licence. We have got nowhere to go it looks like every year we have got to get a large fine and a summons to court and we can’t do anything about it because the council won’t do their side. We wouldn’t be doing our job if we weren’t animal lovers, the bats are brilliant.”

A spokesperson for South Hams District Council said: “The dairy building has become a non-breeding summer roost for common pipistrelle, soprano pipistrelle and brown long eared bats. To remove the building in compliance with the Enforcement Notice Mrs Burner will have to obtain a European Protected Species Licence from Natural England to destroy the bats roost.” Devon and Cornwall police confirmed that Mrs Burner contacted them and “she was advised that if she did take the bats roost down there would be a likelihood of prosecution by police”. Removing the roost carries a maximum sentence of six months in prison and a £5,000 fine, while breaching an enforcement notice leaves a person liable to an unlimited fine.