2 June 2008

EPR’s involvement in the Dilly Lane project, in particular the evidence we presented at the Public Inquiry regarding the effects on the nearby Thames Basin Heaths Special Protection Area (SPA), was pivotal in the recent High Court hearing into the case.    The Judicial Review by Mr Justice Sullivan, of the Secretary of State's decision to grant consent for the 170 houses at Dilly Lane, Hartley Whitney in an action brought by Hart District Council, has thrown out the Council’s claims, and upheld the decision.

Mr Justice Sullivan found that the Secretary of State was entitled to give great weight to the opinion of Natural England that the measures developed by EPR were sufficient to conclude that there was not likely to be a significant effect on the SPA, and consequently that an Appropriate Assessment (AA) under the Habitats Regulations was unnecessary. The measures were developed through rigorous research and consultation, and included the provision of Suitable Alternative Natural Green Space (SANGs), to attract dog walkers and other users away from the SPA, thus avoiding additional disturbance to the ground nesting birds for which the SPA is designated.

This landmark decision means that the approach to 'Avoidance measures' and SANGs, outlined in the Thames Basin Heaths Delivery Plan, has been upheld at law, and that the design of SANGs in each District or for each scheme separately, can proceed. The judgment makes clear that anything encouraging the proponents of plans and projects to incorporate avoidance measures at the earliest opportunity is to be encouraged.