A parish council in Devon that was concerned about the fate of a protected bat population has failed in a bid to quash a council’s local plan.
Lord Justice Underhill at the Court of Appeal in London rejected Abbotskerswell parish council’s application for permission to appeal an earlier judgment. That earlier judgment, from December, rejected the parish council’s arguments against the local plan proposed by Teignbridge district council.
Today’s decision effectively ends their court battle.
The parish council had been opposing the local plan out of concern for the greater horseshoe bat, a protected species that lives in the area.
However, Underhill LJ said in his ruling today that the council had adequately incorporated a report on the bats into their plan. He also said that alleged inconsistencies in the council’s approach to Natural England’s advice wasn’t a reason to allow the appeal.
Abbotskerswell Parish Council v Teignbridge District Council & Anr, Court of Appeal, (Underhill LJ,) 18 June 2015
Jenny Wigley (instructed by Richard Buxton Environmental & Public Law) for the appellant
Michael Bedford (instructed by Teignbridge District Council Legal Services) for the respondents.
