Author: pnewmark

During February and March, over 700 new trees and shrubs were planted on the Common, mostly adjacent to Streatham Common North. You may not have noticed them because they are just whips – very young trees that are less than a metre tall – but in years to come they should grow into fine copses of native species, although the eventual density and height of the trees have yet to be decided.

The trees have come to the Common as part of a demonstration project of what is called biodiversity offsetting, a relatively new and rather controversial scheme (* see below for some background). In this case, the trees are being planted largely to offset (make up for) the loss of about two acres of disused railway sidings at Thameslink’s Selhurst depot. The land has been colonised by scrub, grass and silver birch trees for some years but has now become part of a new train storage facility. The new trees on the Common have been planted by the London Wildlife Trust (LWT) and its volunteers and LWT will be looking after the trees for the next three years. The scheme is funded by Network Rail, which is responsible for most of the UK’s rail infrastructure. Brockwell Park will also be a future beneficiary. Planting had the approval of both Lambeth Council and the Friends.

All of the new trees are native species relevant to the locality. They include hawthorn, field maple, guelder-rose, hazel, rowan and silver birch, which have been planted in mixed clusters of at least 100 whips. Between them, these species will provide wildlife habitat, shelter and food sources that are otherwise rather scare on the Common, which is currently dominated by oak trees. 

The project launch was attended by Environment Secretary Owen Patterson, whose department announced proposals for biodiversity offsetting in 2011 and instigated some pilot studies to test them*. He spoke briefly on how biodiversity offsetting could provide a net gain for both nature and business and then proceeded to plant a tree whip or two near the car park. Proper planting started in early February opposite the junction of Leigham Court Road and Streatham Common North and subsequently continued down the latter, with substantial plantings on either side of the paddling pool, opposite the junction with Valley Road and opposite the memorial garden. Planting for the spring finished on March 7th with a cluster of trees opposite the builder’s yard on Streatham Common South. 

In addition some bramble clearance has been carried out with a view to further planting next autumn, when some work in the woodlands is also being planned. The Friends hope to round up some volunteers to assist with some of the autumn work.

The new planting has generated a certain amount of local friction. Part of this was because the initial planting was not altogether according to plan although this has now been remedied. Some of the press releases from the various partners involved also created difficulties. Statements in one that 10,000 trees would be planted – a gross exaggeration – and that a part of the ancient Great North Wood would be created – which was pure ‘spin’ – led to unnecessary concerns that the whole of the lower Common would be turned into woodland.

Peter Newmark

*BACKGROUND

The biodiversity offsetting scheme, recently formulated by DEFRA (the government’s Department for Environment Food and Rural Affairs) is intended to be “a measurable way to ensure we make good the residual damage to nature caused by development which cannot be avoided or mitigated” and a way to overcome what it calls the “expensive and inefficient planning processes that delay or block the housing and infrastructure our economy needs to grow”. However it has been criticised by some as being based on simplistic measures and false premises.

In order to calculate how to offset the damage to the environment caused when a green space is turned into a building site, DEFRA has come up with a metric that is intended to measure the value of what is lost and therefore what needs to do done to offset it. Six pilot projects to test the scheme were started two years ago and the results are due in June. The project on Streatham Common is part of an additional pilot, which will test, among other things, how possible it is to find sufficient sites for offsetting within a city. 

Critics of the biodiversity offsetting scheme claim that the metric used is both superficial and simplistic. A major criticism is that it takes no account of the deep ecological and cultural value of what it being lost. For example, can one really offset the destruction of a much-loved and ancient woodland by planting twice as many trees on a virgin site? DEFRA even goes so far as to claim that some of the offsetting aims to be not just an equal replacement for what is lost but a net gain. Indeed Owen Patterson claimed this for the planting on Streatham Common. In our case, at least the land that it being lost is not in the category of ancient woodland. Nevertheless, it is a loss of an area of some ecological value. The question is whether the planting of hundreds of trees on the existing green space of Streatham Common more than makes up – or even makes up – for the loss of green space elsewhere. 

A further point made by critics is the lack of guarantee of the sustained future of any results of offsetting. In our case this equates to whether Lambeth Council (or more likely the cooperative that is planning to take over the running of Streatham Common) will have the ability to nurture so many young trees once LWT hands them over in three years time. Finally there is a general concern that DEFRA’s biodiversity offsetting may be introduced as a voluntary scheme rather than being mandatory. 

These points and many others have been made in submissions during the period of public consultation on the proposals last year. DEFRA’s response is due sometime in the summer.

It is to their credit that Network Rail / Thameslink have voluntarily participated and it was because of their desire that the offsetting was carried out relatively close to the area of loss and in the vicinity of Thameslink stations that Streatham Common has become a beneficiary of this particular scheme. LWT are aware of the sensitivities over the scheme and will be working with the Friends and other stakeholders on the Common to ensure that the offsetting provides both ecological and social benefits to the site as well as a better understanding of how offsetting might be effectively implemented within an urban context.

Nine apple and three pear trees were planted by volunteers in the Rookery Orchard on February 23rd. Each tree is a different, carefully- selected variety. The varieties  include comice pear and bramley apple. They replace five dead or dying trees that have been removed.

Scores of new trees were planted on the Common today as part of a biodiversity offsetting programme being managed by the London Wildlife Trust. The trees are just whips – less than a meter tall and aged 2-3 years. They are all native British species, such as hawthorn, field maple and guelder rose. The first batch were planted near the Streatham Common North / Leigham Court Rd junction.

In coming weeks, more tree whips will be planted further down Streatham Common North, at the bottom of Streatham Common South and in one or two other areas. More planting and some maintenance of brambles and woodland will be planned for the autumn.

Meanwhile, Lambeth council has been clearing back vegetation along the path that leads from the car park to Norwood Grove. This has involved cutting back brambles and removing some small trees, mostly dead elm trees. The work is intended to make the path  less hemmed in and therefore to seem safer.

The piles of rubbish left by the travellers have been cleared but not without some damage to grassy areas by the vehicles involved. The damage should be repaired soon.

Meanwhile, council officals have replied to a series of questions put to them by the Friends as follows

We at Lambeth are currently developing a media campaign to promote the responsible disposal of bulky waste; it is often the case that people pay cash in hand to someone to remove rubbish cheaply – which then ends up in our parks; it is all of our responsibility to ensure that waste is collected correctly. This campaign will be jointly promoted across boroughs.

And as you are aware we are currently working with the Friend’s Of Streatham Common and the Streatham South Safer Neighbourhood Team in setting up a Park Watch for Streatham Common. We hope that this will promote reporting of issues, sharing intelligence and also acting as a deterrent to those wanting to use the Common for anti social and/or illegal activities.

The council cannot move Gypsies or Travellers on from council land immediately. In reality the length of stay will depend upon the circumstances of each individual case. In Lambeth however, we have a robust procedure to ensure travellers are moved on as quickly as possible; our Parks department work closely with the police and visit all sites reported to them. The police can use powers under Section 61 of the Criminal Justice and Public Order Act 1994, only if particular circumstances apply and this is often the route we use in Lambeth and so travellers are generally moved within 24 -48hours.

However, we are aware that although we may be able to move groups on quickly the mess that is left behind can be substantial. In answer to the specific questions you have raised:

1. Why are the travellers not prosecuted for fly tipping? – It can be extremely difficult to prosecute fly-tipping offences as UK law (outlined within s.33 of the Environmental Protection Act 1990) requires Council’s and other enforcement agencies to obtain specific evidence which outlines the individual/s responsible for the actual deposit of waste material. Information relating to individuals or vehicles present at the time of fly-tipping activity is not sufficient to obtain a successful prosecution in UK law. Fly-tipping prosecutions obtained by Lambeth Council are generally supported by information coming from local communities. Individuals who witness fly-tipping activity are required in the vast majority of cases to provide witness statements which clearly outline the offence and provide Council officers with an opportunity to interview individuals suspected of committing the fly-tipping offence. At this stage the relevant Council officers are seeking to work with local residents to obtain information which may at indicate the origin of the waste material.

2. Or could the vehicles involved be confiscated? We remain unaware of any specific powers which would allow vehicles to be removed immediately in the these circumstances, legislation outlined within the Clean Neighbourhoods & Environment Act 2005 does provide scope for vehicles to be searched/seized in some circumstances, however UK law requires enforcement agencies to seek prior approval from the law courts (seizure warrant etc) where there is specific evidence to suggest that vehicles have been used to commit fly-tipping offences. The approach taken by Lambeth Council has to date focused on the need to remove travellers from the site as quickly as possible.

3. If the answer is that there are no witnesses, isn’t the circumstantial evidence (every time they arrive on this or other Greenspaces, there is substantial fly tipping in the areas they inhabit) sufficient?As previously stated ‘circumstantial’ fly-tipping evidence is unfortunately often regarded by UK courts as either inadmissible or hearsay, the relatively high burden of proof placed on enforcement agencies when dealing with fly-tipping offences requires specific elements to be proved – the main element being that a specific individual/s illegally deposited waste material – prosecutions cannot be secured without this information (who exactly would be prosecuted?).

4. Should local residents try and witness the fly tipping on future occasions? Lambeth Council fully supports efforts made by local residents to work with Council officers to identify those engaged in fly-tipping offences, however there is of course a need to ensure that this is done in the safest possible way. Officers within Lambeth Council’s Parks & Open Spaces department have been tasked with the responsibility of developing mechanisms which allow local residents to report fly-tipping issues quickly – these mechanisms will of course need to provide advice and guidance on what information is required to help the Council to take specific enforcement action.

5. Can the travellers be prosecuted for driving on the Common and churning up the grassland?

The short answer is potentially yes, using legislation for Driving on Common Land or Criminal Damage; however, it will depend upon our identifying a perpetrator and having an address upon which to serve him or her with court papers and witnesses to the acts providing statements. 

6. Can anything be done to prevent the anti-social behaviour of the travellers when they are present? If anti social behaviour is witnessed, then residents or visitors to the parks should be reporting this at the time of the incidents; I would strongly suggest that the police non emergency number 101 is called at the time of the incident or in an emergency 999. These reports can be used then against long term solutions such as injunctions.

7. Prosecution for fly-tipping can take up to six months, the process to follow is:

–          Gather the evidence

–          Take statements of witnesses

–          Confirm details of who did it

–          Interview them under caution

–          Get legal advice on the case

–          Apply for court date (which may be a month or so wait)

–          If they do not turn up, may get adjourned or may be heard in their absence

The fine is up to £20K fine or 6months imprisonment.

All cases that go to court are lengthy, and sometimes gets adjourned several times before it is finally heard. It is very difficult to put a time scale on it.

A group of travellers drove into the Common’s main woodland yesterday (Sunday) churning up a track of grassland where they entered and dumping truckloads of household and other waste in and around the woods. A council official in attendance on Monday morning was about to instigate the process for their removal. The waste, however, is almost certainly going to have to be removed at the Council’s expense. UPDATE – the travellers moved on later on Monday, leaving the waste behind them. Clearance of the waste should start by the end of the week.

The sundial in the Rookery, which was donated by the Friends of Streatham Common earlier this year to mark the Rookery’s centenary, has already been vandalised. The brass gnomon – the bit that casts the shadow onto the dial – has been wrenched off, also causing some damage to the slate surface of the dial.

The new sundial was a replacement for one that was stolen about three years ago. That one was all brass and probably taken for its value as scrap metal. We chose therefore to replace it with a sundial that was slate apart from the gnomon, the scrap metal value of which can be no more than a few pence, which is probably why it was found nearby rather than taken.