Gerald McHugh, of King Street, Seagrave, admitted damaging or destroying a place used by the protected creatures, between March 2005 and June 2006 and damaging or destroying a breeding site or resting place used by them.

He also admitted the same charges on behalf of his company, McHugh Construction Ltd, when he appeared at Melton Magistrates' Court on Thursday.

The court was told some land in King Street, Nether Broughton, which included a paddock and pond, was bought for development in 2004.

Neighbour Karen Shipside told McHugh (52) numerous times about the presence of great crested newts at the site. He was visited by a County Hall ecologist, police wildlife officer Neil Hughes and a newt expert who advised him about the presence of newts in the pond.

Sue Lawley, prosecuting, said: "The defendant was advised he should see an ecology survey before any work was carried out on the pond or paddock.

"The survey revealed adult great crested newts and eggs and he was advised not to carry out work until he had obtained a licence from the Department for Environment, Food and Rural Affairs."

But when officials revisited the site they saw work had been carried out which would have affected the newts.

She added: "The pond water was black and foul smelling and there was no presence of newts. The pond was little more than a hole in the ground. No licence was issued to allow work to be carried out."

Mr Patel, defending, said a survey revealed only four newts in the pond. And when it came to light newts were present, McHugh fenced it off.

Mr Patel said: "He wasn't aware of conservation regulations though ignorance is clearly no defence. He was unaware if he moved some soil there could be some newts in it."

Mr Patel said most of a hedge was removed before McHugh came on site. "Some was left near the pond. He didn't appreciate it was a habitat. He removed it and put some new hedging in."

Mr Patel added McHugh had been advised by council officials a fallen fruit tree at the site should be coppiced.

"This is not a man who could see frogs and tadpoles jumping out of the pond and thought to hell with this I'm going to fill it in."

However, magistrates' chairman David Penny said: "We consider this was intentional rather than wreckless. There was acceptable evidence of great crested newts on that site and that you and your company worked to damage the environment over a period of time.

"The removal of the hedge and tree was contrary to the council's coppice order."

McHugh was personally fined £1,400 for the offences and his firm £7,000. An order was also made for £70 costs.

Speaking afterwards police wildlife officer Neil Hughes said: "It shows magistrates will treat seriously and deal effectively with people who flout conservation laws. I hope this will send out a message to others to comply with legislation to conserve our wildlife."


Great crested newt numbers have plummeted across Europe over the last century, with an estimated 40,000 breeding pond losses in Britain during the 1960s to 1990s alone.

Such declines are largely due to loss of ponds and surrounding habitat through agricultural intensification in the countryside, but residential, industrial and commercial development around towns and inappropriate management of ponds has also played a part. A similar pattern of decline is happening throughout the European range of the species, with England emerging as one of the strongholds for great crested newts. As a result, the newts and the places they use for breeding, resting, shelter and protection are safeguarded under UK and European law.