A building that was a noted nesting site for swifts, among the UK’s most at-risk birds, has been demolished during the nesting season, highlighting significant weaknesses in the protection of wildlife from development, campaigners say.
Contractors for the housebuilder Hill Group carried out the demolition of Regent House near Dorking station in Surrey over the last few weeks, during the nesting season which runs from 1 March to 31 August.
Footage captured last week shows swifts attempting to return to nests in the building, which was known to be home to one of the largest populations of the birds in the Mole Valley area in Surrey. They approach and then repeatedly turn away because their nests are no longer there.
The building was a known habitat for nesting swifts. Volunteers for Swift Protection Association Reigate have recorded very intense low-level flying involving as many as 40 birds using about 20 sites in the eaves of the building in early spring and summer for several years.
Demolition and construction work are heavily restricted during the nesting season under the Wildlife and Countryside Act. It is an offence to intentionally or recklessly damage or destroy the nest of any wild bird while it is in use or being built, or to disturb dependent young.
Annie Griffin of Banstead Swifts, a volunteer group that monitors and tries to stabilise swift populations, said residents raised the alarm with Surrey police wildlife officers in early May, shortly after the swifts returned from migration and were observed nesting in the building. Mole Valley district council (MVDC) was also told about the birds’ presence.
“Despite this, demolition proceeded during peak nesting season,” said Griffin. “Conservationists are now describing the incident as a significant wildlife crime, raising broader concerns about the enforcement of environmental protections during development across England.”
Regent House was demolished as part of a development of 126 flats by Clarion housing association. An impact assessment carried out for the developers by the Arbtech environmental consultancy said demolition and construction should take place outside the nesting season. If a different timeframe could not be avoided, it said, an ecological expert would have to undertake a thorough inspection before the start of any work and all active nests would have to be retained until the young had fledged.

The Guardian asked Hill Group and Clarion if such an ecological inspection had taken place in the last few weeks, but they declined to answer. They also refused to say the timeframe for the demolition could not be avoided.
In a statement they said: “We have been working closely with independent ecologists and the local planning authority throughout the demolition of Regent House to ensure all works are carried out in full accordance with the approved planning requirements.
“This collaborative approach helps safeguard local wildlife and ensures that nesting birds are protected throughout the process.”
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Several people have filed criminal complaints with Surrey police alleging a breach of the Wildlife and Countryside Act.
Julia Hemsley of Dorking Swift Conservation said: “It all makes me feel absolutely sick. Swift populations are massively in decline. It would have been a simple thing to have carried out the demolition outside the nesting season. These birds have been let down.”
Amy Brewer, who captured the footage of the swifts trying to return to the building after its demolition, had been watching them nest there two weeks earlier.
“When I came back the building was gone and I saw them flying back and forth repeatedly towards where it used to be,” she said.
Paul Powlesland of Lawyers for Nature said the protections given to birds’ nests in the Wildlife and Countryside Act were woefully inadequate. “Even where nests are in active use, it’s hard to get evidence of their destruction and the police do not take such crimes seriously.
“We need to change the law to protect the nesting holes of birds like swifts and sand martins even when they are not in use, and set up and fund a proper wildlife police force that takes the destruction of active bird nests seriously.”
Swifts are on the UK red list of birds of conservation concern. Their population has declined by about 60% since the 1990s. They nest almost exclusively in gaps under roof tiles and in the walls of older buildings. Demolition, renovation and modern construction techniques, which have left them with fewer nesting sites, are key contributors to their decline.
Despite a national campaign for the mandatory installation of swift bricks in all new homes in England to provide the birds with nesting sites, the government only recommends them. The Scottish government has made them mandatory.
Councillor Bradley Nelson, the cabinet member for planning at MVDC, said: “The approved planning documents do not impose an absolute prohibition on demolition during the nesting season. Instead, they require that, where works take place during this period, a nesting bird check is carried out by the developer within 48 hours prior to demolition.”
He said the council was reviewing the available information to establish whether the requirements had been met and had served a temporary stop notice requiring any works to cease.
“We are aware of the concerns raised in relation to the site and are making appropriate enquiries to understand the situation fully,” he said. “If it becomes apparent that a breach of planning control has taken place, MVDC will consider, in line with its usual processes, whether formal enforcement action is expedient.”
Surrey police have been approached for comment.

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