Court Injunction Stops Work on £20m Gosport - Fareham Bus Link
Local legal firm Swain & Co. Solicitors have obtained an injunction stopping Hampshire County Council from carrying out further work on the Fareham - Gosport Bus Rapid Transit Scheme until the outcome of a High Court hearing.
A Court order granted yesterday (9th September) prevents the Council from continuing the work until the outcome of the challenge to the grant of planning permission is determined or until any further Order by the Court is made.
Graeme Swain of Swain & Co. Solicitors, who have offices in Havant, Southampton, London and Liverpool, said: “We wrote to the Council on 4th September explaining in detail why, in our view, the planning decision should be quashed.
“The letter reiterated the Claimant’s intentions to launch judicial review proceedings and clearly identified the errors of law which will form the basis of such a challenge. Despite being made aware of the Claimant’s challenge, the Council has proceeded with the construction of the busway.
“We informed the Council that we would be seeking an injunction unless they undertook to suspend works until the Claimant’s arguments had been considered by a Court. The Council replied that it would provide us with a response as soon as practicable but in any case within seven days .
“In view of the irreversible harm which might be caused to the environment by the ongoing works, and in the event that we received no undertaking from the Council to halt the works, we applied to the Court for an injunction.
“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. The proceedings are by way of an application for a judicial review of the planning procedures undertaken.
“There are a number of grounds for the judicial review. They amount to allegations that the Council acted unlawfully in failing to comply with its obligations under European law in respect of the Habitats Directive and the Environmental Impact Assessment Directive.
“In particular, the Claimant is arguing that the Council failed to properly consider whether an environmental impact assessment of the busway scheme was required. It is also claimed that 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. Bats and badgers are both legally protected species.
“The grounds amount to allegations of serious breaches of the law and the Court is being asked to quash the planning decision.
“I trust that the Council will now give serious consideration to the very clear and detailed case presented in these proceedings. The Court has stepped in to ensure that the environment is protected until further Order. My client has very real fears for the wildlife on the site including bats, badgers, reptiles and birds that could suffer irreparable harm as a consequence of the Council’s scheme.”
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