In a case which brought into direct conflict the conservation of wildlife habitats and the desperate need for new homes, the High Court has rejected a test case plea to put the survival of rare Greater Horseshoe bats before major plans for housing and business development in the part of Devon where they mainly roost.
There are only believed to be 5,500 of the bats remaining in Britain and their biggest concentration is in Teignbridge District Council’s administrative area. The District Council’s local plan (the plan) made provision for about 5,000 new homes in the area and also allocated more than 80 hectares of land for employment-generating development.
In challenging key policies contained within the plan, Abbotskerswell Parish Council argued that they amounted to a death knell for the bats’ dwindling habitat. In particular, it was submitted that the plan failed to adequately protect a special conservation area which hosts around 30% of the bats’ UK population.
The District Council’s lawyers insisted that the potential impact on the bats had been properly considered and that quashing the policies would gravely prejudice the local planning process. After two days of legal argument, the Court indicated that it would dismiss the Parish Council’s challenge and give reasons for its decision at a later date.
Abbotskerswell Parish Council v Teignbridge District Council. Case Number: CO/2792/2014