Cottage owner told to delay extension until after nesting season
East Lothian planners granted permission for the single story extension to Spilmersford Cottage, East Saltoun, which will involve using part of a paddock next to the garden.
But they added a condition ensuring no work can begin without a thorough investigation showing no birds are in residence in the hedge, which will be removed to make way for the new building.
Approving a change of use of part of the paddock to domestic ground and the extension to the cottage, planners said: 'No removal of hedgerows shall take place between 1st March and 31st August inclusive, unless a detailed check of the site for active birds' nests has been undertaken and written confirmation has been submitted to the planning authority that no birds will be harmed and that there are appropriate measures in place to protect nesting bird interest on the site.
'The check shall be undertaken no later than 48 hours before the commencement of the development and no site clearance or other works in
connection with the development hereby approved shall commence unless the written confirmation and protection measures have been submitted to and approved in writing by East Lothian Biodiversity Officer.'
The owners of the property applied for permission to extend the cottage out to its side into part of the paddock saying that they had decided against a back garden extension because they wanted to take advantage of the sunlight which came into the property from the rear.
They said the single story extension which will prove additional living space would be in keeping with the style of cottages in the area and any hedgerow removed would be replaced in new landscaping.
Approving the application planners noted comments from their biodiversity officer who also called for measure to be put in place to ensure no badgers were disturbed in the area, which was also added into conditions.
Their report said: 'The application site is adjacent to the River Tyne Local Biodiversity Site and has a number of notable species within 200m of the property.
'The Biodiversity Officer further notes that the applicant has detailed the removal of and the intention to replace 11 metres of beech hedging, this should be detailed on any conditioned landscape plans for consideration.
'The removal of the hedge should not be undertaken within the bird breeding season. The applicant is reminded that, under the Wildlife and Countryside Act 1981, (as amended), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built.
'Planning consent for a development does not provide a defence against prosecution under this act. If nesting birds are discovered after works commence, such works must stop, and a competent ecologist must
be contacted for advice.'
By Marie Sharp Local Democracy Reporter
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