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Insect charity Buglife's three-year battle to save West Thurrock Marshes from destruction suffered a massive set-back today, when the Court of Appeal judged that the decision to build on the site was lawful.
Buglife took Thurrock Development Corporation to Court on the grounds that it had failed to protect the marshes – rated as one of the three most important sites for endangered wildlife in the country with 17 protected species. The proposed warehouses and car parks will destroy up to 70% of the flower-rich habitat, home to many of these species including the Brown-banded carder bee. The case is the first legal test of recent biodiversity protection laws. Thurrock Thames Gateway Development Corporation’s wants to allow Rosemound, a subsidiary of Goodman subsidiary, to develop 450,000 sq ft of industrial and distribution property on a 100-acre site. In their summing up the three judges agreed that, despite the Biodiversity Duty on Public Bodies making biodiversity the main consideration for the planning decision, the Development Corporation had failed to follow national biodiversity and planning policy. However, the judges concluded that the Corporation was entitled to rely on a letter from Natural England in which the Government conservation body withdrew their objection and mentioned that the development offered the ‘possibility of a long term nature conservation gain for the area’. The Court of Appeal decision means that the charity Buglife now faces legal costs of £30,000. “This is a disappointing decision which reveals the inadequacy of our current wildlife protection. What right do we have to ask other countries to protect their rainforests or coral reefs while we continue to destroy the most valuable habitats of our own endangered species?” says Matt Shardlow, Buglife Director. “The Government must act now to strengthen its biodiversity legislation and halt the worsening loss of wildlife”. The decision is also a setback for a flagship Government initiative which recently identified Thurrock Marshes as one of 22 new green parks for the UK’s first ‘eco-region’. The Thames Gateway Parklands scheme is the brainchild of Sir Terry Farrell, one of the world’s foremost architects.
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Legal update 
