Argument over badger survey breaks out as businessman continues bid to build 'hangar homes' at Solent Airport

Peter Day, from Hangar Homes Ltd, said he needs access to the Solent Airport airfield to undertake badger surveys which - as the landowner - the council is not allowing.

Planning officers requested Mr Day to carry out the surveys to finalise his planning application, and without them it’s likely the scheme would be recommended for refusal.

The proposal – which has a long history – is to build nine mixed-use developments; 60 per cent of the hangars' floor space is for commercial use and 40 per cent is residential.

Mr Day said that the council leader, councillor Sean Woodward, justifies the refusal because it falls under property law.

He added: ‘However, this matter falls under planning law, in which case land ownership is not a material factor in a planning application and therefore the actions of Cllr Sean Woodward in denying access to the site are unlawful.

‘At best, the council has a 50/50 chance that they are right, although my lawyers consider that highly unlikely, given that I will be claiming the £35,000 that I have already spent on this planning application, plus legal and court costs for both sides, the council will be risking about £100,000 if they lose in court, which most likely they will.

‘This is absurd and irresponsible when a simple, no-cost solution is available to allow the badger survey to go ahead at my cost for the independent ecologist.’

In an open letter written to the council, Lawdit Solicitors, say they are concerned with the council ‘misusing its position as landowner’ to frustrate their clients' planning applications.

In response, Cllr Sean Woodward said: ‘Mr Day appears intent on confusing the functions of the council as landowner and its role as a local planning authority (LPA). The comments of his solicitor appear equally perverse.

‘Put simply Mr Day has every right to submit as many planning applications as he likes for whatever he likes.

‘His current planning application will be properly handled by the LPA as are all applications.

‘I have not given a view on the merits or otherwise of his planning application and nor will I.

‘The council's role as landowner however is separate and I have communicated to Mr Day on many occasions that, regardless of any decision on his planning application, the council will not be selling any land to him for residential purposes.

‘Equally, it is the council's decision who may enter upon its land, especially when it is not a public area he wishes to access - it is airside on a busy airport. He will therefore not be having access to the site.’

In May Mr Day also complained about not being granted access to the airfield for surveys.

At that time Martin Francis, airport manager for Solent Airport Daedalus raised fears over the security of the build ‘and the responsibility of airfield access being controlled by a household occupant’.

In May Mr Day described the security concerns as ‘nonsense’.