Landowner to pay £31,000 for landscaping Cornish SSSI with waste
Martin McAnulty has to undo the damage he did to a habitat-rich Site of Special Scientific Interest in St Dennis, Cornwall.
A site visit revealed imported waste had raised the ground level by 2m and trees had been removed by the entrance.
- Martin McAnulty oversaw the importation of waste with the intention of levelling and landscaping nationally important habitats on SSSI land.
- The court has ordered him to remove all the waste and return the site to its previous state as wet grassland and woodland.
- His actions significantly damaged habitat home to naturally scarce habitats and species.
Martin McAnulty, of London Road, Berkhamsted, appeared before Plymouth Magistrates’ Court on Thursday 20 November for sentencing after pleading guilty to two offences under the Wildlife and Countryside Act 1981 and one under the Environmental Protection Act 1990, at a hearing in July.
He was also ordered to pay costs of £14,032.05 and a victim surcharge of £2,000.
Joint prosecution over landscaping and waste dumping on protected area
The prosecution was brought jointly by the Environment Agency and Natural England following a two-year investigation into McAnulty’s activities, which found he had imported waste and landscaped wet woodland and grassland within the Mid-Cornwall Moors Site of Special Scientific Interest (SSSI) at land off Gully’s Lane, St Dennis.
He did so without the necessary environmental permit contrary to section 33(1)(a) and (6) of the Environmental Protection Act. The waste included material with elevated sulphur levels and waste which had visible contaminants including small pieces of wood, plastic and metal.
McAnulty was served with a S59 Notice by the Environment Agency in October 2023, requiring the removal of the waste by the following year but failed to comply.
Deadline to put right area rich in habitats
The Mid-Cornwall Moors SSSI supports a diverse mosaic of semi-natural habitats, including heaths, fens, grasslands, woodlands, scrub and species-rich hedgerows, with ponds and waterways. Rare species include the Cornish eyebright flower and marsh fritillary butterfly.
Alongside the fine, the court granted Natural England a Restoration Order, requiring McAnulty to restore the land to its former condition as wet woodland and grassland by 31 January, 2027, removing all waste materials and then allowing natural habitat to return. If he fails to comply with the court order, he faces a further unlimited fine plus an additional £100 fine for each day the order is not complied with.
Ground level raised by 2m with ‘imported material’
An exemption was registered for a sloping field to be landscaped but the material imported contained high sulphate levels, ceramics and glass.
The court heard that a site visit by a Natural England officer revealed that the site was covered in imported material, which had raised the ground level by approximately two metres compared with surrounding uncleared areas. They also saw trees had been removed near the site entrance.
A U1 Waste exemption had been registered with the Environment Agency by McAnulty in April 2021. This stated that a sloping field was being landscaped for maintenance purposes. U1 exemptions allow the use of certain types and quantities of waste for use in construction work or activities. It does not include the use of waste for landscaping of agricultural land or reclamation.
Exemptions also need to ensure waste is recovered or disposed of without adversely affecting the countryside or places of special interest.
Three sample analysis results for waste showed they contained elevated sulphate levels and further images showed other wastes present, including ceramics and glass.
Letter apologised ‘unreservedly’ over soil import
In a letter to the Environment Agency, McAnulty said he had carried out landscaping works to improve the environment for wildlife, and he had believed the imported soil fell under the U1 exemption. He said no further work had been carried out since he learned of the issue and he apologised unreservedly for what had happened.
Survey results showed with 99% certainty that the volume change on the land was at least 6,788 cubic metres across 6,700 square metres of the SSSI land.
McAnulty provided details of 16 loads of waste that had been removed from the site in May 2024. These describe 246.2 tonnes as having been removed which equates to around 307 cubic metres.
In a written submission to the agency, McAnulty said he was shocked at the survey results, but denied materials other than covered by the U1 exemption had been taken there and was unable to account for the huge discrepancy.
‘SSSI should have been a big red flag’
In sentencing McAnulty, District Judge Smith said:
McAnulty was aware of the SSSI but failed to have oversight of the waste importation operations.
The SSSI should have been a big red flag. There is the potential to destroy the site if restoration is not successful.
Matt Heard, Natural England national delivery director, said following the hearing:
McAnulty has shown a blatant disregard for this nationally important conservation site and the rare wildlife that depends upon it.
We welcome the court’s judgment which demonstrates that while Natural England seeks to work in partnership with landowners, we will not hesitate to take targeted enforcement action against those who cause damage to these protected areas, which play a crucial role in nature recovery.
Tim de Winton, area environment manager for the Environment Agency’s Devon, Cornwall and Isles of Scilly Area added:
We welcome the sentence and the court order requiring McAnulty to remove the illegally deposited waste and restore this important habitat - the costs of which will be significant.
This result stems from our ability to take robust action once we are aware offending is taking place and from effective joint working between the Environment Agency and Natural England.
Background
The charges
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Martin McAnulty, between 3 December 2019 and 25 January 2023 did deposit controlled waste namely soil, stone and residual waste from waste treatment activities including but not limited to soil, stone, ceramics, glass and wood in or on land at Gullys Lane, St Dennis, PL26 8NP when there was no environmental permit in force authorising such a deposit. Contrary to section 33(1)(a) and (6) of the Environmental Protection Act 1990, as amended. Fine £15,000.
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On the 12 August 2022 and continuing at Unit 10 Mid-Cornwall Moors Site of Special Scientific Interest (SSSI), Mr Martin McAnulty of Parklands, Hemel Hempstead, HP1 3SJ, being the owner or occupier of the said SSSI unit, did, whilst the SSSI notification remained in place, cause or permit to be carried out an operation specified in the notification without having first secured the consent of Natural England. Namely the dumping, spreading or discharge of any materials on the SSSI and the resultant destruction, damage or cutting of any plant, or plant remains, on the site. Contrary to: Section 28E(1) and Section 28P(1) of the Wildlife and Countryside Act 1981. No separate Penalty
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On 12 August 2022 and continuing, at Unit 10 Mid Cornwall Moors Site of Special Scientific Interest (SSSI), the said Mr Martin McAnulty being the owner or occupier of the said SSSI unit, did, intentionally or recklessly, destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which the said SSSI is of special interest. Namely that by the importation and spreading of materials onto the SSSI, destruction and damage has been caused to the flora on site that appears on the notification. Contrary to: Section 28P(6A)(1) Wildlife and Countryside Act 1981. No separate penalty.