You can view the SoS’s letter here.
The following is an excerpt:
Summary of Inspector’s recommendations
5. The Inspector recommended that the Order should not be made and the planning direction should not be given. This was because the likely lack of a licence under the Conservation of Species and Habitats Regulations 2010 (“the Habitats Regulations”) in respect of works which would affect the habitat of bats was an impediment to implementation of the scheme. The Inspector considered that it would be contrary to Government guidance to confer the compulsory purchase powers required for the scheme while such an impediment was likely.
Summary of Secretary of State’s views
6. For the reasons explained in this letter, the Secretary of State considers that she is not yet in a position to decide whether to accept the Inspector’s recommendations.
However, if Chiltern were able to overcome the impediment to implementation of the scheme identified by the Inspector, she would be minded to make the Order and give the planning direction. This letter invites Chiltern to inform the Secretary of State of progress since the close of the inquiry in agreeing with Natural England mitigation measures for species protected under the Habitats Regulations.
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