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
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Source:
The News
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Location:
Portsmouth