A PROTECTED badger set came within two metres of destruction by a JCB after council planners approved building work on the land, unaware the animals lived there.

And following the incident at Spring Meadows, off Pole Lane, Darwen, the Lancashire Badger Group will provide Blackburn with Darwen Borough Council with regionwide maps pinpointing sets to prevent it ever happening again.

A resident ran up to a workman operating a JCB on Monday as he headed for the sets. She told him there were badgers in the area and all work was stopped.

The police were called because it is an offence to disturb or destroy sets without a licence -- one must now be sought before the work can resume.

The council had taken Blackthorn builders to court to get them to remove the 'eyesore' mound created as a result of their work to construct the houses at Spring Meadows.

Peter Kuit, the council's assistant director of technical services at Blackburn with Darwen Borough Council, said it had never come to light badgers were there. Paul Shawman, of the Lancashire Badger Group, who are called in on planning decisions to advise the council, said there had been a 'breakdown'.

Inspector Damien Streangwick, the RSPCA officer on the scene, said that the sets came within two metres of destruction.

He added: "The locals who contacted the police knew. It should've been known to the surveyors.

"Badgers are protected under the Badger Act 1992. Under this we are not allowed to disturb them or destroy the sets without a licence. The licence is usually only given for important reasons such as a motorway, but this was only the levelling of some land and not so crucial.

"They were within two metres of the sets. The workmen said if they had of worked on Sunday, as they expected to do, the badgers would be gone."

Mr Kuit said: "What they are doing is moving a mound which has been an eyesore for some time. We've taken Blackthorn builders to court to get them to remove it.

"We've been trying to get this tip removed for some time.

"We had no idea there was any badgers there. As soon as it was brought to my attention it was stopped." "It wasn't a secret to locals that badgers were there, but we hadn't picked up on it. It would be a good idea for people who are concerned if they come and let us know before work begins.

"It's fortunate this member of the public came forward.

"The permission was issued sometime ago, and at no time until the machine was on site did someone tell us there was badgers there. Nobody was trying to get away with anything in terms of being irrespective of the badgers. Once we were aware of them we acted accordingly.

"It was most unfortunate."