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Morge v Hampshire County Council: SC 19 Jan 2011

The claimants had challenged the allocation of a former railwy line to become a rapid bus service, saying that the Council had failed properly to take account of the Habitats Directive. The Supreme Court was asked as to the extent of doisturbance to an endangered species required to engage the prohibition againsty ‘deliberate disturbance’ under … Continue reading Morge v Hampshire County Council: SC 19 Jan 2011

The Royal Society for the Protection of Birds and Another v the Secretary of State for Scotland for Judicial Review: SCS 28 Jul 2000

When considering what degree of disturbance would be caused to a population of birds by licenses for control, the secretary had to consider not only the effect on the population of the species as a whole, but also the effect licences might have on local populations within special protection areas. The amendments to the Birds … Continue reading The Royal Society for the Protection of Birds and Another v the Secretary of State for Scotland for Judicial Review: SCS 28 Jul 2000

Morge, Regina (on The Application of) v Hampshire County Council: CA 10 Jun 2010

Over time, an abandoned railway line had become a habitat for local wildlife. The claimant now objected to the grant of planning permission for a light railway. Held: The claimant’s appeal failed. For an act to fall within 12(1)(b) of the Directive so as to be a Deliberate Disturbance, the act complained of had to … Continue reading Morge, Regina (on The Application of) v Hampshire County Council: CA 10 Jun 2010

Regina on the Application of Fisher v English Nature: CA 27 May 2004

The claimants appealed a refusal of their request for a judicial review of a decision of the respondent to designate their land as being of special scientific interest because of the need to protect the stone curlew. Held: The defendant’s policy toward the land had changed in 2000. It was a decision of a specialist … Continue reading Regina on the Application of Fisher v English Nature: CA 27 May 2004

Beevers and Others, Regina (on the Application Of) v Environment Agency: CA 21 Mar 2001

‘whether the Barmby tidal barrage on the river Derwent in Yorkshire fell within the Conservation (Natural Habitats) Regulations 1994 and whether the proposal that was being examined was a plan or project under those Regulations.’ Citations: [2001] EWCA Civ 424 Links: Bailii Statutes: Conservation (Natural Habitats) Regulations 1994 Jurisdiction: England and Wales Environment Updated: 15 … Continue reading Beevers and Others, Regina (on the Application Of) v Environment Agency: CA 21 Mar 2001

Regina on the Application of JHM Newsum v Welsh Assembly Government: CA 22 Nov 2004

The claimant had been granted judicial review of a refusal to translocate a population of great crested newts. They wanted to quarry the land occipied by the newts, and planning permission had been granted for this work. The respondent appealed. Held: The grant of planning permission itself did not demonstrate that the quarrying was a … Continue reading Regina on the Application of JHM Newsum v Welsh Assembly Government: CA 22 Nov 2004

Portland Stone Firms Ltd and Another v Dorset County Council: UTLC 4 Dec 2014

UTLC COMPENSATION – preliminary issues – Town and Country Planning Act 1990 ss. 97 and 107 – basis for calculation of compensation – 1951 planning permission for mining on Portland – permission becoming subject to procedure for the review of old mineral planning permissions (ROMP) under Environment Act 1995 Sched. 13 – designation of part … Continue reading Portland Stone Firms Ltd and Another v Dorset County Council: UTLC 4 Dec 2014