Wildlife charity in High Court challenge to grant of permission for development over impact on bats

The High Court will this week hear a wildlife charity’s judicial review challenge to a council’s grant of planning permission for a 230-home development.

Teignbridge District Council gave permission for the scheme to be built on land at Chudleigh in South Devon.

The claimant, the Devon Wildlife Trust, said the scheme would be just 170 metres from an internationally important site where female greater horseshoe bats congregate to give birth and raise their young. 

The charity said greater horseshoe bats had “suffered a catastrophic decline in the past 100 years”. Its challenge will be heard in Bristol on Friday (12 June).

The trust said: “Chudleigh’s population of greater horseshoe bats is one of the largest left in the UK but overall the species is in serious decline. The Devon bats use a site close to the Chudleigh town centre as a place to hibernate in winter and as a summer maternity roost in which to raise their young. The caves have protection from disturbance and development, and form part of the South Hams Special Area of Conservation.

“However, this same protection does not extend to the surrounding green fields and hedgerows which act as vital feeding grounds and flightpaths for the bats.”

Its chief executive, Harry Barton, added: “These bats are some of the rarest UK mammals and Devon’s rural landscapes offer one of the last places which they have left.

“The importance of the decision by the High Court on Friday cannot be overstated. We believe that the needs of the species haven’t been properly taken into consideration in the decision to give the go ahead for 230 houses to be built so close by.”

The charity’s solicitors are Richard Buxton Environmental & Public Law. The firm has instructed Jenny Wigley of No 5 Chambers. 

Barton said the trust acknowledged the acute housing shortage in the country, but argued that its legal action was “about ensuring we have the right scale of development in the right place”.

He continued: “Farmers in Chudleigh have been working hard to reverse the decline in greater horseshoe populations by maintaining wildflower rich, cattle grazed pastures. It is ironic that this hard work could be undone forever by poor planning decisions…..

“We are very concerned that this may be the last chance we have to make a difference to the greater horseshoe bats of Chudleigh and this is why we had no option but to take Teignbridge District Council to the High Court.

"We are also holding authorities to account which have to adhere to the most important wildlife legislation in the country, the European Habitat Regulations. This critical legislation is there to support our most endangered habitats and species populations and is currently under threat by moves to reduce its powers. We hope that our case will set a clear precedent that will help give endangered species populations across Europe a brighter future.”