AC-2025-LON-000036 - [2025] EWHC 2701 (Admin)

Ground 6 is the allegation that the Inspector did not take account of the impact of the lawful fall-back use of the Site, which he should effectively have used as a base level from which to measure the adverse effects of the Applicant’s use.

The Inspector properly dealt with protected species, and in particular great crested newts and bats in his decision letter. He noted that the Site fell within an amber risk zone, indicating the likely presence of great crested newts, and he criticised the failure to undertake any field work surveys. He identified the Council’s concern that the external artificial lighting could adversely affect bats, and criticised the Appellant’s evidence for failing to report on the baseline situation, for failing to conduct bat surveys throughout the year, and for not acknowledging the consequences of the external lighting. These were all justifiable criticisms and he was entitled to find a breach of policy.

Ground 6 is not arguable.