Was permission given for extensive use of Glyphosate on the Otter Restoration Project?

From Louise who has launched an as yet unanswered Freedom of Information request to Natural England concerning permission to use glyphosate extensively during the Lower Otter Restoration Project:

Owl, the LORP is to become a formal nature reserve… however the spraying of glyphosate all over the site seems to contradict this…I included my EA FOI  Response within my application to Natural England and  as you will see the spraying was widespread🙄..  I will be Interested to see the response from Natural England which is subject to a delay… surely they cannot carry on using toxic chemicals when it has nature reserve status!

Dear Natural England, 11 December 2023

I have received the below information in response to a FOI made to the Environment Agency regarding the use of Glyphosate on land being treated as a Nature Reserve which is also adjacent to a SSSi.

Please confirm the following:
1. Was any contact received by Natural England, from any person involved in the Lower Otter Restoration Project (LORP)regarding the use of Glyphosate on any part of the LORP site.
2. If so what are the details of that communication.
3. If permission was required for the use of Glyphosate within the LORP site, was permission applied for.
4. If contact was received by Natural England was it made clear that the spraying was taking place within approximately 12-20 inches of waterways
5. Was permission granted by Natural England for the use of Glyphosate on the LORP site which is adjacent to a SSSi and is being treated as a Nature Reserve with a view to full nature reserve status.
6. . Was a copy of the contractors NPTC certificate seen by Natural England.
7. If permission was not required please give an explanation of why
8. If permission was required but not applied and granted, for what are the consequences for the companies/landowners/ persons involved who have not complied with the relevant legislation.

The below is FOI information received from the Environment Agency regarding the use of Glyphosate within the LORP site.

Herbicide has been used to suppress weed growth and ensure successful establishment of planting. Glyphosates are the only non-selective herbicide licenced to be used adjacent to watercourses in the UK. There is no further spraying planned this year and we are seeking to avoid its use next year.

Locations and dates used are as follows:

21/7/23 – South of South Farm Road around tree planting
28/7/23 – North side of South Farm Road, large area prior to cultivating & grass seeding
25/8/23 – North East path around tree planting
31/8/23 – Car Park edges
4/9/23 – Around plants to both North & South side of South Farm Road
13/9/23 – Triangular section of additional planting at end of North West path / start of Big Bank
25/9/23 – Spot spraying of growth coming through North West path (car park to farm)

The control of weeds using a herbicide is needed to prevent the weed growth overtaking and potentially smothering the grass and tree planting. Please note that the spot spraying was targeted and the actual chemical dose was very low.

Whilst strimming can sometimes be used for weed control, it is less effective and where we have invasive species such as Himalayan balsam (endemic in the lower otter), we would risk spreading the seeds.

The reason for spot spraying on the footpath which runs north of South Farm Road path was to stop the growth of weeds and grass which were actually growing through the path surfacing. We did not want these to establish and break up the surface. Without this action it is possible that the Council would not adopt the surfacing.

On a final point, whenever we have sprayed around trees near pathways we have always had a banksman in operation to control the movement of pedestrians. An alternative to this would be to close footpaths. However, we wanted to avoid this, as maintaining access has always been a priority for the project team. We have asked our contractors to put up signage when they have applied herbicide in the future where this is adjacent to public areas.

We respond to requests for information that we hold under the Freedom of Information Act 2000 and Environmental Information Regulations 2004. Please refer to the Open Government Licence: http://www.nationalarchives.gov.uk/doc/o… which explains the permitted use of this information.

Please get in touch if you have any further queries or contact us within two months if you would like us to review the information we have sent.

Devon, Cornwall and Isles of Scilly enquiries team:

Good afternoon

The Environment Agency is named as a major partner in the Lower Otter Restoration Project, (LORP) and applied for the planning permission for this project.

I have been advised by the Kier project team that a herbicide containing Glyphosate is currently being used on the land which forms part of LORP, they have also confirmed that spraying is taking place, has been taking place, and may take place in the future.

At approximately 07:45 on Monday 25 September, I witnessed the herbicide being spayed on either side of the western path north of South Farm Road. There was no signage in place, no verbal warnings were were given, and the path was fairly busy with walkers and dogs. After inhaling an extremely toxic lungful of the herbicide, it was apparent that a hazardous chemical was being sprayed, hence I approached the “sprayers” to find out what it was. (This is not their fault, they are only acting on instructions)

In relation to the geographical area of the Lower Otter Restoration Project site which runs from Lime Kiln Carpark to the 200 metre section of Little Bank, East Budleigh, I am requesting the following information:

1. On how many occasions, within the LORP site/ Lower Otter has the spraying of herbicides taken place during the project.
2. What herbicide/s have been used. If they are not branded please provide the mix of chemicals contained within them, and levels of glyphosate.
3. On what dates has the herbicide spraying taken place.
4. In which locations within the area has the herbicide spraying taken place
5. What risk assessments for both wildlife and humans were in place prior to, during, and post the spraying.
6. What non toxic options were considered, and if any, why were they not used.
7. What is the rationale for using a herbicide containing the extremely hazardous chemical Glyphosate which is lethal to wildlife, within an area which has high levels of wildlife, is adjacent to a SSSi, and is being promoted a bio diverse.
8. Who/which department or unit authorised the use of herbicide for use within the project area.

Please acknowledge receipt of this email and in line with current legislation I look forward to receiving a response within 20 working days.

Yours faithfully
Mrs L Arnesen