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Row erupts over “destruction” of protected birds’ nest at quarry site

Sand martins.
Sand martins.

Wildlife policeĀ are probing claims that a protected birds’ nest was deliberately destroyed at a Perthshire quarry.

Concerned residents at Blackford raised the alarm after a known roost for rare sand martins disappeared nearĀ Milton of Panholes.

The nest is on land which is earmarked for a new quarrying operation.

The scheme, lodged by construction firm Kilmac on behalf of applicant Nigel Murray, involvesĀ excavating sand and gravel to use for a new rail depot forĀ bottled water giant Highland Spring.

Bird charity RSPB Scotland is also investigating the nest’s apparent loss and has warned that those responsible could face fines of up to Ā£5,000 orĀ even prison.

Sand Martins are known to use quarry faces to nest between March and September.

They are protected – under the Wildlife and Countryside Act – the moment the birds started tunnelling.

Claire Smith, Senior Conservation Officer at RSPB Scotland, said: “Local people in Blackford contacted RSPB Scotland this week to raise concerns thatĀ part of an active sand martin colonyĀ has been destroyedĀ atĀ a site near Blackford.

“The police have been made aware and visited the site.”

She said “The area is the subject of a live planning application that has not yet been decided by Perth and Kinross Council.

“Local RSPB staff are in touch with the council to raise concerns about activity taking place during the season.”

It is illegal to destroy, damage, take, obstruct or interfere with any wild bird nest while it is being built or in use.Ā The penalties can be up to a maximum Ā£5,000 fine and/or six monthsā€™ jail.

Nests donā€™t need to have eggs or chicks present to be regarded as being ā€˜in useā€™, but may be ā€˜in useā€™ from the moment nest building begins.

Ms SmithĀ added: “Developers should be aware that a valid planning consent does not over-ride the need to comply with the law on species protection.

“Developers must put in place safeguards to ensure that construction doesnā€™t result in an offence being committed.”

RSPB Scotland has also raised concerns to planning officers that there was no mention of the sand martin colony inĀ paperwork submitted to the local authority.

A Police Scotland spokesman said they were aware of “the incident” and were making inquiries. Photo evidence of the birds’ nest has been passed to officers.

Over the past 50 years the, European sand martin population has crashed on two occasions as a result of drought in the birds’ African wintering grounds.

A spokesman for Kilmac said: “Kilmac have not been involved in any work on-site at Milton of Panholes.

ā€œWe are currently awaiting the response from Perth and Kinross Council to the planning application we submitted earlier this year.”

He added: ā€œAs and when we receive the local authorityā€™s verdict on that application – as with any project Kilmac is involved with – we will certainly comply with whatever planning considerations the council deem fit to introduce if planning consent is granted.ā€