Natural England appealed against the quashing of an SSSI.
Held: The notification of an SSSI was not the making of a plan as respects the land affected, but the flagging up of it. The real purpose of the proceedings was to allow the land owners to continue to replenish their sea defences. That work would be unlawful without permission, and none had been sought. The appeal succeeded: ‘the court should be slow to grant relief which is, in reality, intended to facilitate the retention of works that are unlawful. ‘
Mummery LJ, Longmore LJ, Sullivan LJ
[2009] EWCA Civ 1061, Times 08-Dec-2009, [2009] WLR (D) 304
Bailii, WLRD
Wildlife and Countryside Act 1981 28, Council Directive 79/409/EEC on the conservation of wild birds, Council Directive 92/43/EC, Environmental Protection Act 1990 131(6)
England and Wales
Citing:
See Also – Boggis, Regina (on the Application of) v Natural England and Another CA 29-Feb-2008
Renewed application for leave to bring judicial review – making of SSSI – granted. . .
Appeal from – Boggis and Another, Regina (on the Application of) v Natural England and Another Admn 5-Dec-2008
The claimants wanted to erect a sacrificial barrier by way of a sea defence in order to protect cliffs from erosion. The site was then designated as a site of special scientific interest, and permission was required from the defendant, who refused, . .
Cited – 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.
Cited – Berkeley v Secretary of State For The Environment and Others HL 11-May-2000
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required.
Held: Where a planning application if . .
Cited – 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Environment
Updated: 02 November 2021; Ref: scu.376205