A 2,000-year-old wetland which is one of England’s most protected habitats has “bulldozers at its gates” after developers said conditions to protect it were blocking the growth the government is demanding.
Wolborough Fen in Newton Abbot, Devon, a site of special scientific interest (SSSI), must be protected from any damage by developers Vistry Group as they flatten hills and prepare the groundworks for 1,200 houses, according to planning conditions.
But last week Vistry sent bulldozers to the area near the fen and told the local council they were in contact with Labour housing ministers, seeking help to sort out “current blockages” to their project.
Musician David Knopfler, who co-founded Dire Straits, lives near the fen. He said: “The bulldozers are very near the fen now … it seems the developers have run out of patience because it has been months, so they are just going to go on and despoil the land, and they are saying ‘take us to court to stop us’.”
Richard Daws, the local councillor for Ambrook, near the wetland, said: “Despite stringent protections … we find ourselves in the position that the bulldozers are lurking at the gates of the Wolborough Fen SSSI.
“Nature conservation should never be dismissed as ‘blocking’, but recognised as something fundamentally key to humanity’s future.”
The developers were issued with a temporary stop notice in April by the council after concerns that their works were encroaching on the wetland. The stop notice has expired, but conditions attached to the planning permission say evidence must be provided that shows, with a high level of certainty, that the proposed development would not adversely affect the SSSI.
Teignbridge district council (TDC) said it is taking legal advice on whether conditions are being breached and is considering enforcement action if necessary.
Devon Wildlife Trust (DWT) said it considered the restarting of works by Vistry to be “a breach of planning control” and said they had no doubt the works would damage the three-and-a-quarter hectares (eight acres) of wetland.
“On the basis of technical advice indicating significant risk to Wolborough Fen, DWT has expressed repeated concerns about the impact of planned development in the vicinity of Wolborough Fen,” the trust said in a letter. “(It) is vital that planning conditions attached to the outline permission by the secretary of state to protect Wolborough Fen SSSI are fully adhered to.”
The wetland contains woodland, pools, springs and streams and is home to diverse wildlife, including a variety of dragonflies, wildflowers, rare fungi and amphibians including frogs, toads and newts. The area is also known for its significant populations of butterflies and moths. As an SSSI, it should have the greatest level of protection from the impact of any development.
Vistry has applied to have the planning condition regarding the wetland lifted. Malcolm Gilmore, regional technical director of Vistry, said in a letter to the council, seen by the Guardian, that the delays over lifting of the conditions were blocking housing growth. Given seasonal weather constraints, he said Vistry “had no alternative but to commence” enabling works adjacent to the fen.
Gilmore said he was in touch with government ministers on “current blockages” and was seeking their help to expedite the project.
“This site was included in the government’s new homes accelerator programme … recognising its strategic importance and its contribution to the national objective of delivering 1.5m new homes during this parliamentary term,” he said.
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“In this context, the current delays … are increasingly difficult to reconcile with the aims of accelerated delivery.”
The wetland in Devon was highlighted by the Guardian as one of the jewels in nature’s crown, under threat from the government’s new push for growth contained in the planning bill, which would roll back environmental protections.
A spokesperson for Vistry said: “The temporary stop notice expired several months ago and the council have not issued one since. Vistry do have reserved matters consent in place for where they are working on key infrastructure to improve the local road network. We continue to engage constructively with the council to support their review and remain fully committed to progressing the site responsibly, with sensitivity to the local environment and in line with all planning requirements.”
Vistry said there was no confirmation that they were in breach of any planning condition and said it had carefully resumed limited works at Wolborough Barton, remaining outside the area affected by the earlier temporary stop notice.
TDC said: “In April 2025, Teignbridge district council issued a temporary stop notice to restrict building work at the Wolborough Barton (NA3) site,” the council said. “Although the notice expired on 24 June, the developer, Vistry Devon South West, agreed not to restart work while legal matters were being considered. Since then, only agreed safety and environmental mitigation measures have taken place on site.
“The developer has sought legal advice and has now informed the council of its intention to restart some infrastructure work in areas outside the Wolborough Fen SSSI hydrological catchment … TDC is currently seeking independent legal advice to determine whether restarting these works would breach planning control.”
A spokesperson for the Ministry of Housing, Communities & Local Government said: “We are determined to unblock barriers to development so we can restore the dream of homeownership. We will leave no stone unturned to get Britain building and will create a win-win for nature and growth as we build 1.5 million homes.”