Basically it's not difficult or expensive to keep the chimney and preserve the ancestral resting spot of thousands of migratory birds, but it is slightly inconvenient so what's going to happen is the developer will make non-committal statements about preserving the chimney and then due to an "unfortunate accident" during construction the chimney will become unstable and have to be demolished and they won't face any repercussions whatsoever. Maybe they'll even get a tax credit for building housing.