Taxpayers face huges bill after ruling in legal battle over marshes

TAXPAYERS will foot a bill of tens of thousands of pounds as a battle over bugs in the borough goes on and on.

Thurrock Thames Gateway Development Corporation has been taken to an appeal court over its decision to give planning permission for a business development on land on West Thurrock marshes.

Its rivals in the legal battle are conservation group Buglife who argue that the plans will wipe out the breeding ground of creatures including the saltmarsh shortspur beetle, jumper spider, red-shanked bumblebee, brown-banded carder bee and the hump-backed red ant.

Pending High Court action later will focus on a challenge by Buglife – full name 'Buglife - The Invertebrate Conservation Trust' - against an earlier High Court ruling rejecting their bid to block plans for creation of a distribution warehouse and lorry park on the marshes.

Buglife's appeal will be heard by three of the country’s most senior judges and is expected to run up legal costs in excess of £100,000 but at a hearing today the Appeal Court, headed by the Master of the Rolls, Sir Anthony Clarke, was asked to rule in advance on bids by both sides in the case to cap the legal costs they must pay out if they lose.

Sir Anthony backed by Lords Justices Maurice Kay and Stanley Burnton ruled that in the forthcoming battle of the bugs that the amount each side should pay towards the other side’s costs in the event of them losing should be capped at £20,000.

This leaves both having to put their hands deeply into their own pockets to foot the final bill when the case, which could even go to the House of Lords before it finally finishes, is over.

Also out of pocket because of the bugs battle are site developers Rosemound Developments Ltd who say a delay on a final decision is costing them £100,000 a month.

In the original high court action a judge heard that the Development Corporation took fully into account detailed reports the effects on the insects and had been told that the ecological effects of the development would only be temporary.

Buglife though, argue that the plan threatens irrevocable damage to populations of endangered species in one of the UK's most important wildlife sites.

It claims the marshes are home to more than 1,300 types of invertebrates, birds and reptiles, including 36 species on the conservation Red Data Book.

Buglife say the development over an area the size of 15 football pitches, would destroy 7 0 per cent of the flower-rich grassland on which the creatures depend and if it goes ahead the insects' well-being will suffer.