Nesting sand martins were behind delays to repairs of the banks of the River Welland, and the Environment Agency claims it couldn’t do anything sooner despite claims to the contrary.
The breaches at both Cowbit and Crowland on January 4 this year were finally completed on October 11.
The Environment Agency initially said it couldn’t carry out repairs due to asbestos being found in the bank, then it was due to nesting birds.
At a meeting of Lincolnshire County Council’s Flood Scrutiny Committee, the EA’s representative Morgan Way was quizzed if the organisation had looked into whether the problem be deemed ‘exceptional circumstances’ under the relevant wildlife legislation.
Coun Tom Ashton told the committee that one of the ‘exceptional circumstances’ enabling moving birds nests is where crops are ‘endangered’.
“For the best part of six or seven months there have been gaping holes in the River Welland, and we’re thankful the rain we saw in September didn’t come earlier,” he said.
“While we were waiting for the sand martins to move out, all of the water the Environment Agency had pumped out of the Crowland and Cowbit Washes at vast public expense could have come back in.
“Were any permissions sought to disturb the sand martins given crops could have been damaged and were Natural England consulted?”
Mr Way was unable to give an answer at the meeting, but said: “We’re rightfully sensitive to the requirements of wildlife legislation but there’s elements of interpretation around the legislation.”
Following the meeting a spokesman for the Environment Agency said: “The works at Crowland and Cowbit Washes were completed 11 October and took approximately 10 weeks. We followed advice and guidance from Natural England in relation to nesting birds.
“Following this guidance, we carried out temporary works to stop water flowing through the main breach prior to starting the main repair. Levels in the River Welland were lowered to reduce the potential of further damage from water passing through the breaches as repairs were carried out.
“All wild bird species, their eggs and nests are protected by law. There are licencing routes, but these works would not have met the criteria of any of them, as there was no perceptible risk of crops being lost at the time, and Sand Martin are not listed as a species on the general licence.
“There were no exceptional circumstances at the time and no need to apply for a licence to destroy nests or kill young sand martins. Best practice was followed, the birds fledged successfully and then work proceeded without delay after.”
