‘What has been done is simply illegal’

Opponents of Manx Utilities proposed Wind Farm claim that ecological surveys for the farm were conducted without the legally required licences.

Cair Vie Resistance has described it as “very worrying” news that ecological surveys for the MUA have been carried out in such a way.

It claims Manx Utilities’ onshore wind consultants, Wardell Armstrong, have been conducting extensive ecological surveys in the area of the proposed wind farm since 2023.

These surveys are part of the Environmental Impact Assessment process for the MUA’s proposed onshore wind farm known as Cair Vie.

Unlicensed Surveys

Cair Vie Resistance says that under Section 16 of the Wildlife Act 1990, a licence must be granted by the Department of Environment, Food and Agriculture (DEFA) for any activity that would otherwise be an offence under the Act – such as disturbing Schedule 1 birds or Schedule 5 animals.

Cair Vie Resistance, which is fighting to protect the environmentally sensitive site from development, had asked for copies of all licences granted.

It now claims that DEFA has now admitted that no licences were issued until April 7, 2025.

The group says this was five days after DEFA was formally asked to confirm what authorisations were in place.

Issued Licences

According to the group, only two licences have now been issued, to named consultants working for Wardell Armstrong – both for Schedule 1 bird disturbance.

It says: “Despite this, the ecology timetable published by Manx Utilities shows that surveys for common frogs, common lizards, bats, and birds have been ongoing for well over a year.”

“DEFA has confirmed that no Schedule 5 licences have been issued to Wardell Armstrong.

“That means surveys targeting protected species—including bats, amphibians, and reptiles—have been carried out without the legal authorisation required by Manx law and that previous Schedule 1 Bird surveys have been carried out without any licence.”

Offences

“I am without words that a professional ecological consultancy has been operating on behalf of a government body without the necessary licences to do so,” said a retired local ecologist.

Section 9(4) of the Wildlife Act 1990 makes it an offence to intentionally or recklessly disturb any animal listed in Schedule 5 while it is using a place of shelter or protection.

Inspecting lizard mats, disturbing frog spawn ponds, or peering into bat roosts are all activities with a clear expectation of disturbance, which the group claims requires a licence.

Simply Illegal

“In my opinion, since what has been done is simply illegal, this calls into question the legality and admissibility of any survey results at any future public inquiry,” said a senior legal environmental expert.

The group says that “these revelations cast serious doubt on the lawfulness, professionalism, and credibility of the Cair Vie environmental assessments—and also calls into question the oversight role of both Manx Utilities and DEFA”.

“This is not a technicality—it’s the foundation of environmental protection being ignored,” said spokesperson for Cair Vie Resistance Kirrie Jenkins.

“If Government contractors are breaking wildlife law, how can the public trust the rest of this process?”

Manx.News has approached Manx Utilities for comment.