One month on from our Judicial Review at the High Court in London, we continue to await a decision from the presiding judge, the Honourable, Sir Peter Lane, who deferred judgement on the case to an unspecified date.
Our case against North Northants Council was brought on five specific grounds in relation to the councils’ decision to grant planning for the development of the Glebe Land site adjacent to the A605.
These grounds are summarised as:
Ground 1 – Failing lawfully to assess whether the proposed replacement habitat was a mitigation measure or a compensation measure.
Ground 2 -Failing to take into account that the owner of the proposed replacement habitat had been reported to both the Environment Agency (“EA”) and the Council for burying and burning rubbish on land adjacent to the proposed replacement habitat.
Ground 3 – Failing to take into account the express statement in the Council’s SPA Supplementary Planning Document (“SPA SPD”) that “providing new habitat outside the SPA boundary” was compensation, not mitigation.
Ground 4 – Failing lawfully to assess the effects of the Development in combination with other local development, including (but not only) that of the Castle Manor Farm site.
Ground 5 – Failing to give reasons why the proposed replacement habitat constituted mitigation not compensation and/or why the Council was satisfied beyond reasonable scientific doubt that the Development would not adversely affect the SPA’s integrity.
For those interested in reading in more detail the case brought by STAUNCH, the full document regarding the grounds for review can be read below:
Whilst awaiting the outcome of the hearing, STAUNCH continues to pursue the issue of the unlawful burial of waste on the Lilford Hall Estate with the Council and Environment Agency.
Castle Manor Farm
In our previous update we mentioned potential criminal offences against the Wildlife and Countryside Act following the decimation of hedgerow on the Castle Manor site. The developers have assured us that this was undertaken by the landowner and not by them. Regardless, we will continue to pursue the matter so that criminal proceedings can be instigated against whosoever was responsible.
Other Updates
On Wednesday 22nd July, an application for an extension to the SAICA warehouse on the Haldens Parkway Estate will be going to the Planning Committee for determination (NE/24/00559/FUL). STAUNCH have being monitoring the application closely and although we have not opposed it outright, have raised concerns regarding various aspects. Having read the officer’s report recommending approval, it appears that once again the officers have failed to carry out their statutory duties leaving themselves liable to another legal case if it is approved in its current format.
Readers may remember a previous application to site a solar farm on land to the south of the Roman Road (Foxholes Farm). The initial application was not pursued by the developers but on the 30th June North Northants Council adopted an Environmental Impact Assessment (EIA) request for the installation of a solar development of approximately 49.9MW and associated works including n ew highway access (26/01422/SCO). STAUNCH will continue to monitor this but should you wish to find out more, the full scoping document can be read below:
We continue to work on your behalf, and as ever, your support helps fund our legal efforts. These costs continue to increase and so our fundraising activities, and your generous donations, remain crucial to our campaign. Thank you for your continued support.
Should anyone wish to donate please visit our GoFundMe page:
https://www.gofundme.com/f/wildlife-not-warehouses-2994q
Please do share this link on your own social media channels.
If you prefer to pay directly to the STAUNCH bank account, please do not hesitate to email me for the relevant bank details.
Facebook – @STAUNCH
Instagram – staunch.campaign
X (formerly Twitter) – @STAUNCHcampaign
Website – www.staunchcampaign.org
Kevin Shapland
Chair
STAUNCH