A little posse gathered in the sunshine at the Urnfield one Monday morning towards the end of July: the Tormead Headteacher; Surrey Police; the West Surrey Badger Group (WSBG); and a few concerned residents. The diggers and earth movers were busy across the site.
The Tormead Head was reminded by WSBG that the badger protection fencing promised in their approved plans was not in place, risking damage and destruction to several setts. But no, according to the school (and its spokespeople), everything is being done by the book.
Really??
The plans to protect Merrow’s badgers couldn’t be clearer, and can be viewed on GBC’s website. Tormead’s Landscape and Ecological Management Plan, which is a condition of the planning permission, says that:
“An exclusion zone will be created of at least 10m around the setts to ensure no accidental damage occurs and the setts can be successfully re opened following the works. Fencing and signs stating “Badger Protection Zone” will be installed in this area.”
But Tormead has deliberately ignored this condition of their planning permission, excavating down to the chalk within 10m of several setts, and then trying to fudge it by moving the “Badger Protection Zone” fencing over the top of what has already been dug out. Indeed, GBC Enforcement has confirmed in writing that Tormead has breached its permission by working within 10m of the setts. 
Did the school think no one would notice?
Perhaps the school just thinks it can do what it likes. Because it’s quite tricky replacing habitat that has already been destroyed.
In fact, as GBC acknowledges, the school can’t actually build the running track in its proposed location without breaching the Badger Protection Zone again in the future. Bit of a conundrum, and one which we are surprised no one at Tormead spotted earlier. But then this project has been fraught with inconsistencies, inaccuracies and incompatibilities from the beginning.
And as if that weren’t enough, Tormead is continuing to excavate and move huge amounts of earth and chalk, using heavy machinery close to a sett that remains open for badgers to use, in the field next to the site. Tormead knows about this sett, because it made a token attempt to create a very small exclusion zone.
You need a licence from Natural England if you’re going to disturb badgers in their setts during construction. But the school did not include this sett in their application to Natural England for a licence. Presumably because it was too difficult, the sett being on private land. Well, we know the landowner. We have seen the sett.
Tormead had two options: they could have applied to temporarily close this sett as well; or they could have created a proper zone (at 30m, according to Badger Trust Guidance) and ensured no heavy machinery was used within it. The school chose neither of these options.
The unlicensed disturbance of badgers is illegal and could be subject to criminal prosecution under the Badger Protection Act.
Things at Urnfield are not being done by the book. A condition of the planning permission has been breached and work continues close to a “live” badger sett, without a licence.
The message to Tormead is the same as it would be for any developer: just do what you say you would do, stay within the law and within your planning permission. It’s surely the bare minimum to expect.
