IONA HOUSE, 382 CENTRAL DRIVE, BLACKPOOL, LANCASHIRE, FY1 6LA, UNITED KINGDOM

Wojewoda Pomorski
Pomorski Urzad Wojewódzki
ul. Okopowa 21/27
80-819 Gdansk
POLAND - POLSKA

FAO: Jan Ryszard Kurylczyk

Dear Sir

We are the group representing North West of United Kingdom, and we are scientific organisation whose prime objective is to study fungi and wildlife in general, and we are affiliated to North West Fungi Group and British Mycological Society.

We have amalgamated with polish mycological clubs such as ‘Darz Grzyb’ and with Pomorskiego Kola Terenowego Klubu Przyrodników z siedziba w Gdansku whose primary interest is the protection of the polish wildlife and the countryside.

Our work involves classification, verification and mapping species of fungi and flora occurring in areas of the United Kingdom and also all over the European Union.

From the information available on the Internet and from polish press and radio, sadly, it appears that in the region of your influence - Lasy Oliwskie – Trojmiejski Park Krajobrazowy, there is a proposal of development which is contrary to Environmental Law adopted in the European Community, and particularly The Nature Conservation Regulations born out from UN Biodiversity Convention 1992.

The European Directive on Conservation of Natural Habitats and Wild Fauna and Flora ( the ‘Habitats Directive’- 92/43/EEC) aims to conserve fauna and flora in their natural habitats and is designed to ensure sustainability of ‘biodiversity’ on European Union members lands.

The above Law requires that all the Members (Poland shortly becomes a full member ) political bodies involved in planning issues shall exercise their functions under the above Directive.

Your decision to pass these controversial plans suggests your absent knowledge of this law, therefore we are informing you of the contents of the above Directive.

Under the above Regulations:

Any new proposed developments outside established residential and industrial areas requires preparation of development plans conforming to policies of European Union in respect of the conservation of the natural beauty and amenity of land and encourage the preservation of features of the landscape which are of major importance for wild flora and fauna .

Under Article 6 of this Directive member states are enjoined to take appropriate steps to avoid the deterioration of such habitats.
Such features and habitats may include established open spaces, river banks, ponds or even small woods, which may be essential for the thriving or migration etc, of wild species in their natural integrity.

The ‘ natural integrity’ of wildlife is its coherence within its ecology, enabling it to sustain the habitat or species, in danger of extinction due to the inappropriate development on natural habitats, strictly for human consumption.

The ‘ development for human consumption’ is sensu stricto any kind of development not connected with the preservation of the natural habitats.

Therefore, any plan or project not directly connected with or necessary to the management of the site ( the proposal of building tennis courts, golf course, parking spaces is not directly connected with or necessary to the management of the site) but likely to have a significant effect on the wildlife thereon, must have the implications for the site appropriately assessed.

Under regulation 48(1), a ‘competent authority’ ( such as yourselves ), before deciding whether to undertake, or give any consent, permission or other authorisation for a plan or project which:

For the purposes of the assessment required by the Regulation 48(1), the competent authority must consult the appropriate nature conservation body if they are appointed, and if not, competent authority must then consider the opinion of the general public (Regulation 48(3),(4)).

Article 4 of the Habitats Directive provides a procedure to the European Commission enabling to establish a list of sites of Community importance, such as those which host one or more priority natural habitat types or priority species.

‘Priority’ habitats and species are those in danger of disappearance and which are found in the territory covered by the European Community.

Once the site has been adopted in accordance with this procedure, the member state concerned is to designate that site as a special area of conservation. The habitats and species listed in these special areas of conservation must then be maintained or restored at a ‘favourable conservation status’. Conservation status is said to be ‘favourable’ when the population of a species is maintaining itself on a long-term basis, the natural range of the species is not likely to be reduced for the foreseeable future, and there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis.

Any new development proposals within such site, should only be permitted where it has been ascertained that it will not adversely affect the integrity of the site. In the light of the conclusions of the assessment, and subject to section 49 of the above Directive, the authority may only agree to the plan or project having ascertained that it will not adversely affect the ‘biodiversity’ of such ‘site’.

Where the development is clearly adversary to the ‘natural integrity’ and where balance cannot be obtained, there should be always considered ‘alternative solution’ such as alternative site for the proposed development.

Therefore, you and the authority you represent, in the present circumstances, should and must adhere to the Law laid down by the above Directive.

We would be glad to see that, you, after acustomising yourself with the above facts of the European Union laws, will rethink the pending proposals, which in fact could be reversed/overturned by the European Courts.

Such a reverse decision would prove very popular (especially at this historic moment in time - Poland joining the European Union) and will save you considerable embarrassment later on.

Please inform us of the outcome at the address above.

Yours sincerely,

Spencer Brown MSc LL.B (Hons)

Patrick Ruch BSc (Hons) RICS

on behalf of :