The Jockey Club’s plan to sell Kempton Park for housing redevelopment may yet be scuppered before a builder’s spade has cut the ground by a bird called the shoveler.

The shoveler and the gadwall are two breeds of duck who make their habitat on the waterways that form part of the Kempton estate that was submitted for consideration following the local authority's “Call for Sites” to address local housing needs.

Their proposal for 3000 homes has already been rejected by Spelthorne Borough Council which reiterated its view of a previous attempt by the Club to make use of the land at Kempton for building purposes in 2014.

And the Club’s joint venture with Redrow Homes might be further impeded given that Kempton includes an area that has been declared of special scientific interest due to its wildlife.

When the Club announced its new proposal it noted that the Borough of Spelthorne requires 15,140 new dwellings to meet its Objectively Assessed Need (OAN) in accordance with the National Planning Policy Framework, but the council is insistent on protecting areas of importance. Kempton includes an area that has been declared of special scientific interest due to its wildlife.

John Brooks, head of planning and housing strategy at Spelthorne Council, pointed out that the OAN is a guidance which has to be balanced in terms of a borough’s “sustainable planning”.

The protection of wildlife sites has been a stumbling block for planning applications before and the balance is often tilted against building unless it can be proven that such a development would not have a detrimental effect on the wildlife present.

In regards to the protection of wildlife Brooks said: “Parts of the site are of special scientific interest and is also part of the special protection area, which is an international designation. There are two birds, particularly rare, the shoveler and the gadwall which rely on that mass of water bodies of which Kempton is a part.”

Natural England is the Government’s advisor for the natural environment and responsible for designations which protect our wildlife its habitat and landscapes and the statutory consultees in the planning process. A Natural England spokesperson said: “Sites of special scientific interest give robust legal protection through the planning process to our best wildlife sites. We are consulted where development proposals may have an impact.”

What impact that may have on Kempton’s plans remains to be seen.