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Champion, Regina (on The Application of) v North Norfolk District Council and Another: SC 22 Jul 2015

‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a member of the Ryburgh Village Action Group. The proposal involved the erection of two silos … Continue reading Champion, Regina (on The Application of) v North Norfolk District Council and Another: SC 22 Jul 2015

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

Abbotskerswell Parish Council v Teignbridge District Council and Another: Admn 16 Dec 2014

Application to quash respondent’s local plan, alleging breach of the Habitats Directive. . .

Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008

The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008

Commission v Spain: ECJ 18 May 2006

ECJ Failure by a Member State to fulfil obligations – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Protection of species – Hunting using stopped snares in private hunting areas – Castilla y Leon.The setting of stopped snares was said to have endangered the lives of the otter. Held: … Continue reading Commission v Spain: ECJ 18 May 2006

Commission v United Kingdom: ECJ 20 Oct 2005

ECJ Failure of a Member State to fufil obligations – Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora.The respondent had failed properly to transpose the Habitats Directive into National Law. The regulations were too general and did not impose sufficiently precise obligations: ‘As the Commission has rightly pointed out, section 54A … Continue reading Commission v United Kingdom: ECJ 20 Oct 2005

Landelijke Vereniging tot Behoud van de Waddenzee and Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, etc: ECJ 7 Sep 2004

ECJ Directive 92/43/EEC – Conservation of natural habitats and of wild flora and fauna – Concept of ‘plan’ or ‘project’ – Assessment of the implications of certain plans or projects for the protected site.‘other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources’ – clearly applies to activities, such … Continue reading Landelijke Vereniging tot Behoud van de Waddenzee and Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, etc: ECJ 7 Sep 2004

Commission v Greece C-103/00: ECJ 30 Jan 2002

ECJ Failure by a Member State to fulfil its obligations – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Protection of species.Advocate General Leger explained article 1(I) of the Directive: ‘conservation status is regarded as ‘favourable’ when population dynamics data on the species concerned indicate that it is maintaining … Continue reading Commission v Greece C-103/00: ECJ 30 Jan 2002

Regina v Secretary of State for Trade and Industry and Others, Ex Parte Greenpeace Ltd: QBD 19 Jan 2000

The European Community Directive on Habitats applied to the United Kingdom continental shelf, and was not restricted in its effect to the territorial limit of 12 miles. The Secretary of State in granting licences for the exploration of such waters for oil without regard to the Directive was acting unlawfully. Such activities could only be … Continue reading Regina v Secretary of State for Trade and Industry and Others, Ex Parte Greenpeace Ltd: QBD 19 Jan 2000

Minister For The Environment, Heritage And Local Government v An Bord Pleanala: ECJ 11 Apr 2013

ECJ Environment – Directive 92/43/EEC – Article 6 – Conservation of natural habitats – Special areas of conservation – Assessment of the implications for a protected site of a plan or project – Criteria to be applied when assessing the likelihood that such a plan or project will adversely affect the integrity of the site … Continue reading Minister For The Environment, Heritage And Local Government v An Bord Pleanala: ECJ 11 Apr 2013

Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition. Held: The challenge was rejected. Whether an EIA was required for a … Continue reading Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

First Corporate Shipping (Judgment): ECJ 7 Nov 2000

When deciding the extent of natural sites to be proposed for designation as special areas of conservation under the Directive, a member state should take account only of environmental factors, and was not entitled to take heed of economic, social or . .