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North-east housebuilder accused of wildlife crime after badger setts damaged

A badger, rarely seen outside of its sett in daylight, is picture in Crimond.

Photo by Peter Lewis/Solent News/Shutterstock (10947622h)
A badger, rarely seen outside of its sett in daylight, is picture in Crimond. Photo by Peter Lewis/Solent News/Shutterstock (10947622h)

The director of an Aberdeen housebuilding firm has been accused of allowing badger setts to be damaged or removed as part of building works with “reckless disregard” to the consequences.

Bruce Allan, director of Malcolm Allan Housebuilders, is accused of interfering with badger setts, or doing so through the hands of his subcontractor.

It is alleged ground workers at the family-run and owned firm’s 30-home development off Contlaw Road, Milltimber, cleared land for housing despite there being badger setts there.

‘Reckless disregard’

The charge against the 55-year-old businessman alleges the subcontractor’s employees cleared land and that this was done “intending to cause damage to said badger setts, or part of it with reckless disregard as to whether the actions had consequences”.

The offences are alleged to have taken place between June 20 and July 17, last year.

Scotland’s badgers are the most protected in the UK due to the strengthening of wildlife laws in both 2004 and 2011.

The Protection of Badgers Act states it is an offence to intentionally or recklessly interfere with a sett by damaging or destroying it; obstruct access to, or any entrance of, a badger sett; or to disturb a badger whilst it is occupying a sett.

Planning permission was granted to build 30 homes at the site in 2019 and in June 2020 work began on phase one of the development, which included groundworks ahead of the planned construction of the first eight houses.

Land off of Contlaw Road in Milltimber.
Land off of Contlaw Road in Milltimber. Picture: Kenny Elrick.

Works on an site access road and construction facilities were halted by Aberdeen City Council until necessary approvals were in place.

At the time The Woodlands was described in planning documents as “a low density development of 30 houses with associated infrastructure, landscaping and generous provision of public open space”.

Allan, of Castle Farm near Kintore, gave no plea and will appear in court again on Thursday, June 10.

An earlier version of this story incorrectly named the building firm as “Martin Allan” rather than Malcolm Allan. We apologise for the error.