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Friday, 3rd September 2010

Work on A32 bus route halted with court injunction

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Published Date: 11 September 2009
WORK on £20m high-speed bus route has ground to a halt because of a court injunction.
Hampshire County Council has been ordered to stop all work on the old railway line between Gosport and Fareham because of fears over wildlife.
Legal firm Swain & Co., based in Havant, sought the injunction on behalf of an anonymous claimant who wants the planning permission for the bus link quashed.
Graeme Swain, from the firm, said: 'The claimant is arguing that the council failed to properly consider whether an environmental impact assessment of the bus-way scheme was required.
'It is also claimed the council failed to properly consider the impact of the development on the Portsmouth Harbour Special Protection Area and extent of harm which might be caused to bats and badgers living on the application site.
'The grounds amount to allegations of serious breaches of the law and the court is being asked to quash the planning decision.'
Swain & Co. wrote to the county council on September 4 explaining why planning permission should be quashed.
The letter also said the claimant intended to launch a judicial review. But Mr Swain claims the council ignored the letter and carried on clearing the railway site.
He added: 'The injunction will now run until any
further order or until the
outcome of the claim for
judicial review of the decision to grant planning permission is determined.
'We believe there is a good chance of success and having this decision quashed.'
As reported in The News last month, residents and wildlife experts have been concerned about the effect work on the railway site has had on animals.
Badger expert Brian Masterton said: 'Of course the scheme has been damaging to wildlife because it's taking habitats away from a number of species. It's not just badgers, but when you take habitat away it affects whatever is living there.'
County council leader Ken Thornber said they will be 'vigorously opposing' the judicial review and was taking immediate action to get the injunction quashed.
'As a responsible public authority we will of course abide by the legal processes, and have therefore temporarily halted works,' he said.
'However this remains an important public transport scheme which will be of great benefit to the wider community.'

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  • Last Updated: 11 September 2009 9:13 AM
  • Source: The News
  • Location: Portsmouth
 
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1

1986nufc,

Portchester 11/09/2009 11:35:05
Surely the injunction could have been placed before the preliminary works began? A lot of upheaval has already taken place so I cannot understand the timing.

It does make you think if the parties involved did indeed have the authority to proceed with the works in the first place.
2

Trevor Morgan,

11/09/2009 11:41:43
What a shambles!

If the County & Borough Councils failed to follow proper planning procedures before rushing ahead with these works then I hope the Conservative Councillors who voted for the schemes will be surcharged for the extra costs. Council taxpayers should not have to pay for Council incompetence.
3

,

11/09/2009 12:03:36
Comment Reported Unsuitable By User
4

grimbly,

11/09/2009 12:07:27
Further to my last: anybody with half a braincell can see that the photo of the purported artificial Sett is uninhabited.

It is also far too low for use by badgers!

Somebody is being pretty stupid!.......... and it ain't Brock!
5

Spudy,

Gosport 11/09/2009 12:56:45
The fact that an injunction has been placed is a procedural requirement of any legal challenge (for judicial review), which can be called by anyone in respect of any planning application. It has no bearing on the process adopted by the Councils at all save and unless the challenge is upheld. So please hold off from criticising the Councils until the results of the judicial review are known. It is most likely that an objector has decided to use the judicial review process to cause a nusaince and delay to the implementation of this much needed scheme.
6

bjankins,

Fareham 11/09/2009 13:20:32
Work on this project appeared to have started long before the "official" announcement that the scheme had approval and funding.

I would be interested to hear what exactly Ken Thorber had in mind when he uttered the reported phrase "of great benefit to the wider community"
7

Johnny ,

Fareham 11/09/2009 14:44:39
Normally I'd be cursing the people who are able to stall projects because of tittle-tattle, but in this case I think the more of it the better!
8

toxteth o'grady,

11/09/2009 15:46:46
Wildlife !!!!!!!!!! LOL

A few scabby pigeons & a host of rats.....just build the ruddy link & hell to the interfering NIMBY
9

grimbly,

11/09/2009 20:38:40
Deleted again! I guess my comments hit the mark then!

Wildlife FACT will carry the day and the route will be completed; regardless of the activities of those, who would attempt to suppress the truth!

......... and the truth is that this legal action is frivolous!

It is impossible to make a case for the Badger along the route. The whole construction mitigates against decent Sett conditions, which is why somebody has tried to introduce artificial Setts! The problem with that is that they are too small and in the wrong place!

As for bats, THEY tend to roost in dense woodland and crevices away from predators. They also prefer wetland........ hence their preference for the Alver Valley!
10

Hampshire Bus,

12/09/2009 00:43:33
Now if money was suddenly found for a RAILWAY LINE I wonder if the NIMBY's would object to it too?!
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