EASTBOURNE HERALD SHEIKH ABID GULZAR NATURAL ENGLAND PEVENSEY LEVELS

Eastbourne hotelier Sheikh Abid Gulzar has been £45,000 and ordered to pay costs of £90,000 after being found guilty of damaging a protected conservation site on Pevensey Levels.

Natural England brought the prosecution against 68-year-old Mr Gulzar, of Mansion Lions Hotel in Grand Parade, following the discovery of a series of damaging activities carried out on his land within the Pevensey Levels Site of Special Scientific Interest – none of which had been given consent.

Mr Gulzar said this week the court’s decision was “shocking” and that he was disappointed.

Prior to resorting to legal action, Natural England said it had attempted to meet with Mr Gulzar on several occasions to discuss the management of the site, but these meeting requests were refused.

At a hearing at Hastings Magistrates Court in November, Mr Gulzar pleaded guilty to three offences of carrying out operations without Natural England’s consent, including planting of non-native trees, erecting fencing, and erecting temporary structures.

Since then, he has also pleaded guilty to the remaining charges of constructing a track and a bridge.

At a recent hearing, held in Mr Gulzar’s absence which the court is entitled to do, he was fined and ordered to pay the costs. Janette Ward, Natural England’s regulation director, said, “Pevensey Levels is a fragile, historic area, which needs to be managed sympathetically to safeguard the rare species that survive there.

“We attempted to negotiate with Mr Gulzar many times before we brought this prosecution, but he declined to engage in any way leaving us no option but to take legal action to help protect the site.

“We work with many landowners on SSSIs across the country, and with careful management it is possible for a wide range of activities to be carried out with our consent. We trust that Mr Gulzar will now feel more able to work with us and manage this special site more appropriately.”

Mr Gulzar issued a statement on Wednesday and said, “It was shocking, the decision a complete mockery of the justice system.

“I am seriously unwell under doctor’s treatment and DGH investigation. Hence as requested by court local medical centre supplied directly Brighton Magistrate Court of my being unfit to attend, due to back surgery, painkillers and further treatments, professionally certified to the court.

“I was particularly disappointed that the judge allowed the hearing and sentencing to go ahead on Monday in my absence which is unlawful. That is a basic right of anybody, surely.

“The lake and 1.5 acre immediate surrounding land in Pevensey has and was never used for any commercial or profit making and was designed solely for the enjoyment and benefit of local charities for free day visits for elderly, disabled, hospice residents and local fundraising whereby my personal contributions of over £20,000 were made annually to over six local charities from my own pocket.

“Despite this travesty of justice, I still vow to continue my charity work and support of the local community. On September 27 I am hosting free of charge breakfast and coffee morning to support the Macmillan Cancer Support charity.

“I am highly let down by the government bodies, bearing in mind that I also personally paid more than £40,000 for the public pavements on Eastbourne seafront to be re-done properly for the safety of my customers and all who visits this beautiful town.

“No benefit to myself or my building yet such kindness and compassion and love for this town is met with a kick in the face.

“At my age working seven days, employing 160 staff during some of the toughest economic times this country has faced, government and local councils should be doing all they can to support major tax paying, locally contributing biggest employers to stay in business and penalise colossal amounts when no damage has been done and before court date mostly reinstated to original state in any case.

“Verbal support was never made practical by Natural England.”

Natural England appear to have given no thought to protecting the WWII archaeology on this site, though Janette Ward makes reference to history as being fragile. How come then that neither Janette nor any other officer from Natural England saw fit to commission an archaeological survey, and undertook none of the statutory consultations - the result for which seems to be that they are asking for a historic track to be removed, where the owner had simply removed years of growth from the site and reconditioned the access, that was used in the construction and service of RAF Wartling.

Natural's England's rebuttal when gently challenged as to this matter was to refer to Google maps. What has that got to do with anything? Google maps did not even exist when the track would have been visible - and, unfortunately, the resolution of Google maps is hardly sufficient to be able to say with scientific precision, what was where and when.

In our opinion this shocking procedural irregularity was deliberate to enable them to cause as much financial harm to Mr Gulzar, with no genuine thought for conserving what appears to us to be an archaeological feature. We can say that because Wealden District Council have admitted in a letter to the operators of Radar Farm in 2014, that this was a joint operation. That being the case, Wealden are fully aware of their duty to conserve the historic built environment, of which wartime archaeology is significant. Part of that duty is to consult the County Archaeologist and them English Heritage.

One cannot rely on Wealden, they will not produce a list of historic remains/buildings, etc, of historic interest. When asked to explain this, Bob Standley asked Kelvin Williams to reply for him to say that it was not a priority. They say that they don't have the staff to make an important list of historic buildings, but they have plenty of time to assist Natural England prosecute this farmer, in denial of their duty to conserve history.

Gulzar furious over £135,000 court case

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