Formby Parish Council Takes Action Over Suspected Wildlife Crime at Bushbys Lane

Formby Parish Council has escalated concerns over what it describes as a “devastating and potentially unlawful” clearance of ecologically significant land at 43 Bushbys Lane in Formby, believed to have taken place on the weekend of 18th–19th January 2025.

The land clearance—reportedly involving the destruction of more than sixty mature trees, along with dense undergrowth and long-established natural habitat—was carried out by the property’s new owner, who recently inherited the large detached home set in extensive parkland. Crucially, there is no evidence that an ecological survey or environmental assessment was undertaken prior to the works, which took place within close proximity (just 300 yards) of a RAMSAR site and a Site of Special Scientific Interest (SSSI).

Urgent Action by the Parish Council

In light of the potential threat to protected wildlife and the possible breach of multiple environmental laws, Formby Parish Council has formally reported the matter to Sefton Council’s Planning Department and has now referred the case to the Merseyside Police Wildlife Crime Unit for further investigation.

The issue was brought to the attention of the Parish Council by local residents David and Yvonne Irving, whose vigilance helped uncover what may be a serious wildlife crime. Although the incident occurred in January, the Parish Council was not notified until May, and formally discussed the matter during its meeting on Monday 19th May.

Following internal review and consultation with relevant legislation, the Parish Council submitted two comprehensive letters—one to Sefton Council and one to Merseyside Police—outlining their grave concerns and demanding urgent investigation and enforcement.

Protected Species at Risk

The land that was cleared is known locally to be a haven for wildlife, and specific concern has been raised about potential harm to protected and endangered species, including:

• Red squirrels (Sciurus vulgaris) – protected under Schedule 5 of the Wildlife and Countryside Act 1981.

• Bats – all UK species and their roosts are protected under the Conservation of Habitats and Species Regulations 2017 and the Wildlife and Countryside Act 1981.

• Hedgehogs (Erinaceus europaeus) – recognised as a species of principal importance under the Natural Environment and Rural Communities (NERC) Act 2006.

The area cleared was not subject to Tree Preservation Orders (TPOs) prior to the incident, nor does it fall within a Conservation Area. However, as the Parish Council pointed out in its submission, ownership or location does not exempt land from wildlife protection laws, particularly when the destruction of habitat is reckless or intentional.

Sefton Council’s Initial Response Criticised

Sefton Council’s Planning Department initially responded by stating that there were no legal grounds to intervene, as no TPOs or conservation status applied at the time of clearance. However, the Parish Council has challenged this view, arguing that the destruction of potential habitat used by red squirrels, bats, and hedgehogs constitutes a potential criminal offence under national and international wildlife protection laws.

The Parish Council cited several pieces of legislation in its formal letters, including:

• Wildlife and Countryside Act 1981 – for destruction of habitats of protected species.

• Conservation of Habitats and Species Regulations 2017 – for potential disturbance or destruction of bat roosts.

• Town and Country Planning Act 1990 – for potential breach in failing to seek planning consent.

• NERC Act 2006 – for failure to conserve biodiversity in land management decisions.

  
  

Ecological Importance of the Site

Formby Parish Council’s submission also references Sefton Council’s own Local Plan Policy NH2, which states that even land outside a designated conservation area may form part of a “supporting habitat” vital to the survival of protected species.

This principle is particularly relevant given the proximity of the site to the Formby Coast SSSI and the internationally recognised RAMSAR site—both of which are home to vulnerable and rare species that rely on surrounding areas for food, nesting, and migration corridors.

What the Parish Council is Demanding

Formby Parish Council has called for immediate and decisive action, including:

1. A full investigation into the clearance activities at Bushbys Lane.

2. A referral of the case to Natural England and the Merseyside Police Wildlife Crime Unit (now completed).

3. Confirmation from Sefton Council on whether planning consent or prior approval was required and, if so, whether it was obtained.

4. A requirement for the landowner to commission a Phase 1 Habitat Survey, and, where necessary, protected species assessments.

5. A review of potential restoration or mitigation measures in line with the Biodiversity Net Gain policy.

6. Monitoring of the site for further activity and enforcement of protective legislation where applicable.

The Parish Council has also included before-and-after photographic evidence, including images from Google Earth and photos taken in May 2025 showing the scale of destruction. These will support the case should legal or environmental enforcement proceedings follow.

A Call for Transparency and Accountability

Speaking on the matter, Parish Clerk Claire Jenkins expressed the deep concern of residents and local councillors:

“This is not simply about trees being cut down—it is about the complete disregard for biodiversity, protected species, and environmental law. The public expects better from landowners and relies on local authorities to enforce protections that exist for a reason.”

The Parish Council is now awaiting a formal response from Sefton Council and Merseyside Police and has pledged to keep the local community informed as the case progresses.

Formby Bubble will continue to monitor this story closely. If you have information or photographs relating to the land at 43 Bushbys Lane, or sightings of affected wildlife in the area, please contact the Parish Council or message our page directly.

📞 Formby Parish Council

📍 Parish Council Office, Formby Library, Duke Street, Formby, L37 4AN

📧 clerk@formby-pc.gov.uk

📞 01704 395955