The Court of Appeal is to hear a challenge to plans for a bypass around Barnstaple, Devon.
Environmental campaigner Anthony Bown has been given permission to appeal a decision by the Secretary of State for Transport to uphold compulsory purchase orders in respect of land required for construction of the road.
Bown claimed that the scheme, which includes a 2.7km stretch of new road and a 400m-long five-span bridge across the River Taw, would seriously disturb the large numbers of seabirds in the Taw/Torridge Estuary, as well as the habitat of endangered otters.
In the High Court, Collins J acknowledged that the project was likely to cause disturbance to protected otters in the area, but held that, save for some continuing traffic noise, the disturbance would likely be only temporary. He said that the inspector was entitled to conclude that Devon County Council were taking adequate steps to minimise the impact on the otter population and that any disturbance would be “so small as not to amount to a good reason for refusing to approve the orders” (see [2003] PLSCS 75).
Seeking permission to appeal the decision, Robert McCracken QC, counsel for Bown, said that the claim raised “fundamental questions of the extent of the UK’s obligations under, and the proper interpretation of, the Wild Birds EEC Directive”. In particular, he noted the issue of “whether the passage of time or a change in circumstances can remove the obligation to protect a site that has not been designated, but which qualifies for designation”.
Carnwath LJ agreed, stating that the “proposed grounds of appeal raised arguable points”. He directed that the matter be heard by the Court of Appeal before the end of July.
Bown v Secretary of State for Transport Court of Appeal (Carnwath LJJ and Maurice Kay J) 2 July 2003.
References: PLS News 03/07/03
