Housebuilder loses battle over Thames Basin Heaths homes

  A Berkshire-based housebuilder has lost a legal battle over its plans for a residential development close to a wildlife protection area in the Thames Basin Heaths.   Millgate Developments was appealing against Wokingham council’s refusal of permission for the erection of two apartment blocks on land at Crowthorne in the Bracknell Forest district of south-east Berkshire.   In March 2005, Natural England used an EU directive to classify the Thames Basin Heaths area as a special protection area (SPA) for nightjar, woodlark and Dartford warbler because it is regularly used by 1% or more of the UK population of these species of wild birds.   Natural England believed Millgate’s plans would increase recreational use of the area, threatening its rare wildlife and, accordingly, in February 2007, objected to the proposals.   The council refused planning permission for a number of reasons, including the development’s affect on the SPA.   In September 2007, a planning inspector appointed by the secretary of state dismissed Millgate’s appeal and found the proposed development would have a “significant adverse impact on the integrity of the SPA”.   Dismissing Millgate’s subsequent appeal, Mr Justice Sullivan held that the inspector had not “erred” as his reasons for rejecting the appeal were “readily intelligible and wholly reasonable”.   christian.metcalfe@rbi.co.uk