Council wins battle of the bats

WARRINGTON Borough Council has won a planning battle – and costs – against a developer on the grounds that he failed to carry out an adequate survey into the likely presence of a protected species on the site – bats.
The appellant, Alan Farquharson, also applied for costs against the council – but was unsuccessful.
Andrew Dale, the Government-appointed inspector who dealt with Mr Farquharson’s appeal and the two applications for costs, ruled that the appellant had shown unreasonable behaviour resulting in unnecessary or wasted expense but that the council had not.
In January, the council refused an application by Mr Farquharson for permission to demolish a house and outbuildings at Hollydene, Windmill Lane, Appleton and replace it with a new house and triple garage.
The application was refused on the grounds that no adequate bat survey was carried out during the optimum period – May to August. A survey was produced, outside the optimum period, which highlighted a moderate potential for bats.
The appellant pursued an appeal hastily, preventing further survey work being conducted before or while the appeal was being heard.
Both sides applied for costs – but the appellant was unsuccessful.
Mr Dale said all species of bat are protected by law and while he accepted that bat surveys could be conducted throughout the year, it was clear to him that there were at the very least, moderate opportunities for bat roosting associated with the buildings and trees on the site
There was no evidence as to why a revised planning application, with an adequate bat survey, could not have been submitted after the council’s decision and the speed with which the appeal was lodged prevented further survey work being included with the appeal documents.
The council’s reason for refusal had stood up to scrutiny and without further survey work he found the appeal had no reasonable prospect of succeeding. As a result, the council incurred unnecessary or wasted expense.