Fears for the safety of wildlife along Fareham to Gosport route (From Daily Echo)

Fears for the safety of wildlife along Fareham to Gosport route

10:25am Friday 11th September 2009 in

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A FREEZE has been put on work on a controversial £20m bus scheme amid claims that Hampshire council chiefs have acted unlawfully.

A legal challenge by an anonymous pensioner, whose home is alongside the new route, has meant the progress of the Fareham to Gosport Bus Rapid Transit project will have to be halted.

Hampshire County Council will now need to await the decision of the High Court to find out if the project can continue.

The project was passed by the narrowest of margins earlier this year with council planners voting six to five in favour of the scheme with two abstaining.

Protesters claim the new bus route will not achieve its aim of cutting congestion on the A32 and will damage wildlife and homes on the route.

Old railway tracks between the towns are to be replaced with a two-way road.

The latest obstacle is an injunction obtained by solicitors Swain & Co.

Boss Graeme Swain said the council had made legal errors and should have suspended work while the claimant’s arguments were heard.

He added the council could be accused of acting unlawfully in respect of European law and environmental directives.

Mr Swain said: “Despite being made aware of the claimant’s challenge, the council has proceeded with the construction of the busway.

“In view of the irreversible harm which might be caused to the environment by the ongoing works, and in the event that we received no undertaking from the council to halt the works, we applied to the court for an injunction.

“The grounds for a judicial review amount to allegations of serious breaches of the law and the court is being asked to quash the planning decision. “ He went on to say his client fears for bats, badgers, reptiles and other wildlife which live near the route.

Councillor Ken Thornber, council leader, said: “Hampshire County Council will be vigorously opposing the application for a judicial review and is taking immediate action to get the injunction discharged at the earliest opportunity.

“As a responsible public authority we will of course abide by the legal processes, and have temporarily halted works.

“However this remains an important public transport scheme which will be of great benefit to the wider community.”