McTaggart and Mikel Group fined after damaging badger set while clearing land

A housebuilding firm has been fined for instructing workers to clear land in Denny despite the site being home to a large active badger sett.

Officials at McTaggart and Mikel Group Ltd were told about the badgers’ home following a complaint from a member of the public about work being carried out near the sett in 2019.

Although the sett had not yet been damaged, the company was made aware of its location and told not to carry out further works until any risks to it had been checked.

In April last year, a local resident spotted two badgers and cubs outside the sett, which was identifiable by a large badger spoil heap and fresh bedding and indicated it was home to a large clan.

When the same resident returned four days later, hoping to see the badgers, it was discovered that the ground had been cleared, trees torn away, and a large piece of scrap metal had been positioned at the sett, blocking the entrance.

Police were informed, and a subsequent investigation, also including Falkirk Council and badger experts, confirmed Mactaggart and Mickel had cleared the land beside the sett’s location using heavy machinery to create ash pits and dig boreholes, which caused the damage and obstruction.

The company had employed an engineering firm to organise the architectural site investigation works, which in turn hired another engineering company to carry out groundworks. However, no ecology checks had been carried out, and the 2019 warning had not been taken into account.

Badgers have not returned to the sett.

Mactaggart and Mickel were fined £4,500 at Falkirk Sheriff Court after the company admitted wildlife charges contrary to the Protection of Badgers Act.

A spokesperson for the company said: “We deeply regret this unique and unfortunate incident which occurred as a result of actions taken by subcontractors on our site.

“We have already taken steps to review and strengthen our policies and procedures to prevent similar occurrences in the future.”

Iain Batho, who leads on wildlife crime for the Crown Office and Procurator Fiscal Service (COPFS), said: “It is the responsibility of building site owners to ensure that due diligence is carried out to prevent the unlawful disturbance of protected wildlife or their habitats.

“Mactaggart and Mickel failed in their duty to take the necessary steps to avoid disturbing a legally protected species. This failure resulted in damage to an active sett, which was home to a number of badgers and nursing cubs.

“COPFS takes offences under the Protection of Badgers Act 1992 seriously and action will be taken against individuals or companies where there is sufficient evidence of a crime and where it is in the public interest to do so.”

Wildlife Crime officer Laura Robertson said: “Badgers and their setts are protected under the Protection of Badgers Act 1992 and it is an offence to harm or interfere with them.

“We have officers who are experts in the investigation of wildlife crime in all of its forms.

“We will continue to work with our partners to prevent crime and to ensure that Scotland’s wildlife is protected.”

Anyone with information about wildlife crime is asked to contact Police Scotland via 101 or call Crimestoppers anonymously on 0800 555 111.

MacTaggart and Mickel Group have been approached for comment.