Abbotskerswell seeking justice for the environment

by Abbotskerswell Parish Council

Abbotskerswell seeking justice for the environment

by Abbotskerswell Parish Council
Abbotskerswell Parish Council
Case Owner
Abbotskerswell Parish Council seeking help to appeal a contentious High Court decision
Funded
on 01st April 2021
£6,764
pledged of £6,500 stretch target from 137 pledges
Abbotskerswell Parish Council
Case Owner
Abbotskerswell Parish Council seeking help to appeal a contentious High Court decision

Latest: July 26, 2021

Huge thanks for your support - alas we lost!

We were so thrilled with your support for our fight against the Secretary of State's decision to allow the environmental destruction of a huge swathe of green countryside between Abbotskerswell a…

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Abbotskerswell Parish Council is seeking support to appeal a contentious High Court decision

Abbotskerswell Parish Council is appealing against a recent High Court decision allowing the development of iconic rolling fields at Wolborough in Devon without detailed environmental information on biodiversity and climate change.

This extraordinary green open space is home to wide range of wildlife used by the incredibly rare Greater Horseshoe Bat andthreatened cirl buntings. The site drains into the Decoy SSSI and Wolborough Fen. Yet the Judge accepted that the Secretary of State, the developer and Teignbridge could all ignore critical environmental issues which are required by environmental legislation to be dealt with at earliest possible stage, instead suggesting that these can be dealt with at the reserved matters planning stage and what is likely to be a piecemeal way.

We need your support to ensure that this case decision does not become law. It has National repercussions for all those who are trying to protect natural habitat and prevent climate change.

The approach of the Court is of concern and could well have national implications if the judgment stands. Allowing decision makers up and down the country the opportunity of eroding important environmental protection and of concern for everyone trying to protect natural habitat and limit greenhouse gas emissions and climate change. We need your support to ensure that this case decision does not become entrenched in law.

What’s more the development of over 1,200 homes on these Devon rolling fields is not needed. The district council is already over its quota for developing new homes.

Councillor Wendy Grierson, Chairman of the Parish Council said;

Abbotskerswell Parish Council are now in the unenviable position of taking our case to the Court of Appeal. One final attempt to change the ruling of the High Court and what we and our legal team believe is an error in law. If this decision is left unchallenged it will have national implications for housing developments across the country. It will open the door even wider to allow developers and local councils an even freer rein than they already have, to push excessive planning applications through, unquestioned.

Wendy continued;

It could well leave the planning system wide open - environmental issues and climate change protections will be delayed or avoided and only dealt with in a piecemeal fashion and at reserved matters, and when it will be all too easy for decision-makers to ignore any assessment entirely. As with the development at Wolborough, this will be far too late for the environmental impact assessment provisions to provide any real protection for our environment, as they were intended.

 

The lawyers representing the Parish Council are prominent environmental barrister Estelle Dehon and Dr Paul Stookes from Richard Buxton Solicitors who explained:

“Whichever way you want to tie it up in legal niceties, the local council, the Secretary of State and the developer have all failed to properly assess the impact of this very large development. This is embarrassing. The UK Government is purporting to be an environmental world leader and climate change champion but in fact is ignoring critical greenhouse gas emissions. The local council has made a climate emergency declaration and is making a mockery of that commitment.

Wendy noted in conclusion;

The Parish Council have been wholeheartedly supported by residents in the parish, but now we are having to appeal for support more widely. This case now has national relevance. If you are able to support this cause and donate, we hope to be able restore the protection and thorough assessment that all our local green areas deserve, before they are destroyed forever.

We are seeking leave to appeal the High Court decision, and if we get permission we will take the case to the Court of Appeal.

For this first stage, we need to raise £5,500

Thank you in advance for your help. More information is at our website; www.abbotskerswell.org.uk 

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Update 3

Abbotskerswell Parish Council

July 26, 2021

Huge thanks for your support - alas we lost!

We were so thrilled with your support for our fight against the Secretary of State's decision to allow the environmental destruction of a huge swathe of green countryside between Abbotskerswell and Newton Abbot. Unfortunately we were not given permission to progress with an appeal and so we have reached the end of legal means to ensure overall environmental protections for the area being developed with 1700 homes in this area.

Your donations were instrumental in giving us heart that we are not alone in our outrage, and we will continue to keep a close eye on the individual planning applications as they come in.


Thank you once again


Abbotskerswell Parish Council

Update 2

Abbotskerswell Parish Council

April 7, 2021

Whoooohoo! 122% of our target reached

Thank you to everyone who supported this first stage of our appeal. We are thrilled and honoured to have been uplifted by your comments and contributions. This is such an important issue for so many in our community and for the wider issue of ensuring that this decision in the High Court, to ignore environmental issues, does not become law.

We will update you in a few weeks time when we hear whether we are given leave to appeal.

Update 1

Abbotskerswell Parish Council

April 5, 2021

98% of the way there!

Huge thanks to all those who have supported us in our quest for justice.

The Application for Leave to Appeal the High Court case has been submitted. This sets out the grounds that the High Court Judge erred in her findings that detailed climate change and environmental issues can be left until dealt with on a piecemeal basis at planning stage (reserved matters stage).

We thank all our backers and now await the outcome of the application.

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