Bat man in a flap over protected species
Roosting bats in the roof of Henry McPhee’s council house were driving him, well... batty!
So, he proceeded to have their access – a hole in the gable end of the building – blocked up by a local contractor who was unaware of the bats.
That landed McPhee in court at Wick on Wednesday. The 31-year-old admitted contravening the Conservation (Natural Habitats) regulations, 1994, and the European Communities Act, of 1972.
However, Sheriff Andrew Berry was told that peace was restored to the roost after the hole was subsequently unblocked. He admonished McPhee, who now intends seeking a new home away from his unwanted lodgers.
Fiscal David Barclay described what he termed “a very unusual situation”.

On January 4, last year, a well-wisher reported to Highland Council that there were bats roosting within the roof of McPhee’s home at Beinn Ratha Court, in Reay. A survey confirmed that there was a roost in a cavity wall.
A member of the authority’s environmental health department sent McPhee “a bat-warning letter”, advising him that there were bats at the locus and that he was not allowed to interfere with the roost. Legislation protecting the bats was also flagged up.
On August 12, last year, however, McPhee contacted the council saying that his house required external repairs.
The person who received the request was unaware of anything else relating to a problem with bats and, because the problem had occurred in a so-called remote location, the repair was outsourced to a local contractor who duly turned up on September 3.
The six-inch by three-inch hole at the back of the gable end was duly sealed up.
Mr Barclay stressed: “The contractor had no reason to suspect there was anything wrong with the job.”
The truth of the matter was reported to the police that “the bat roost had been interfered with” and an investigation was carried out which led to McPhee being charged.
The fiscal said that it was not known what damage had been caused to the roost by being sealed and went on: “By this time, the local authority was aware of what had happened and arranged for the repaired hole to be reopened so the bats could once again be able to get in and out of their roost.”
Mr Barclay commented: “There was an element of lacking appreciation of the situation rather than anything wilful on Mr McPhee’s part.”
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Solicitor Patrick O’Dea said that the hole was only blocked for “one or two days” and didn’t think any of the bats had been harmed.
“One of them made its way into his property on one occasion and caused him anxiety,” said the solicitor, adding that McPhee was seeking an alternative tenancy in the area.
Sheriff Berry described McPhee as a vulnerable person but was satisfied there was nothing ‘malicious’ in his actions.
The sheriff stressed he wouldn’t want to trivialise the accused’s actions, which had been carried out in breach of wildlife regulations, but added: “Taking everything into account and in the interest of justice, Mr McPhee will be admonished.”