An objector to a waste landfill near Wareham, Dorset, has brought a High Court challenge, claiming that a number of protected species in the area are under threat.
PPG11 Ltd is seeking to quash Dorset County Council’s decision to grant conditional planning permission to developer Viridor Waste Management Ltd, for the use of Trigon Ball Quarry as a waste landfill over a 20-year period. The landfill is to take domestic, commercial and industrial waste from Purbeck, Poole and Bournemouth.
Michael Fordham, counsel for PPG11, contends that the claimant is concerned with the effect that the proposal will have on sand lizards, otters, bats, smooth snakes, badgers, and birds such as nightjars, woodlarks and Dartford warblers, all of which are reported to be on, or are likely to be on, nearby land.
Although the council imposed a condition prohibiting Viridor from commencing work until adequate measures had been taken to identify the presence, size and territory of any protected species, and arrangements made to mitigate any detrimental effects, Fordham claims that government regulations required the council to satisfy themselves that the species would be protected before granting permission.
He also criticises the “limited nature” of the council’s survey of species near the site, claiming that it omits sand lizards and otters, which have been recorded by the Dorset Environmental Records Centre, and Dartford warblers, which have been recorded by the Royal Society for the Protection of Birds.
The hearing continues.
R (on the application of PPG11 Ltd) v Dorset County Council Queen’s Bench Division (MacKay J) 26 February 2003.
References: PLS News 26/2/03
