Argument over badgers could see Fareham council make high court appearance
An argument over badgers is going to end up in the high court.
Businessman Peter Day wants to build ‘mixed-use hangars’ on Solent Airport and says he is now seeking a judicial review against Fareham Borough Council.
Mr Day, from Hangar Homes Ltd, says he needs to access the airfield to undertake badger surveys in order for his planning application to move forward.
As the landowner, Fareham Borough Council (FBC) has refused Mr Day access to the site.
Now, the planning application for the hangars will be determined on November 9 although it has been recommended for refusal by council officers – because a badger survey has not been carried out.
So to try to get on to the land Mr Day has applied for a judicial review of the council's decision to refuse him access. And he says that if the council pushes ahead with the November 9 meeting before the judicial review is heard, he will take out an injunction.
Mr Day, who has been trying to build the homes for years, said taking legal action against the council ‘was always a last resort’.
‘Having first explored every other avenue to do the badger survey, if the only way is for a judge to decide on this matter, then so be it,’ he said.
‘Now the planning officer is insisting that the planning application goes before the planning committee on November 9, knowing full well that it will likely be refused on his recommendation.
‘No doubt he will find other reasons to recommend refusal, but the lack of a badger survey should not be one of them, so FBC will be served with an injunction if it insists on determination before the result of the judicial review.
‘Of course, all this would not be necessary if FBC allowed access to the site, at no cost to themselves, but their unreasonable stance risks the council losing a substantial amount of tax-payers money in an unnecessary hearing in the High Court.
‘It is obvious that FBC does not want this planning application to succeed, and is doing everything they can to obstruct it.’
In response, a council spokesperson said: ‘This matter is now subject to legal proceedings and as such the council has no comment to make at this stage.’