PROTESTERS fighting a transfer waste station being built near their homes in Barnard Castle have taken legal action against those involved in the scheme.

Stainton Grove Action Group yesterday served notice on Durham County Council, Teesdale District Council, Premier Waste Management and its sub-contractors.

The group claims the county council, its officers and agents have committed an offence under the Conservation (Natural Habitats) Regulations 1994 by felling between 200 and 300 trees at the site this week. The protesters say the trees were home to at least three species of protected birds and other wildlife.

The regulations state that it is an offence to deliberately kill or disturb protected species or to damage or destroy their breeding sites or resting places. The offence carries a fine of up to £5,000 for each tree and a possible six-month prison sentence.

Ruth Renton, one of the leaders of the action group, said: "We had two environmental surveys carried out on the woods at the weekend and they confirmed that there were great spotted woodpeckers, blackbirds and tree-creepers in there - all protected birds.

"We handed the reports over to the police and council officers on Monday but, following a meeting at Barnard Castle police station, the council decided to go ahead with the felling.

"While we were in the woods on Monday night, we heard owls and other birds coming back to roost. There is a lot of wildlife in there."

Mrs Renton also questioned Teesdale District Council's involvement in the scheme. She said: "Teesdale has said for months that the plan is no longer anything to do with them and that any decision rests with Durham. Yet the person enforcing the trespass orders was Mark Ladyman, Teesdale's director of community services. I would like to know what the hidden agenda is with some of Teesdale District Council's officers and members."

A spokesman for Durham County Council said yesterday that the council would take "appropriate action" over the legal proceedings.

* Tree protests as contractors move in: page 3.