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 purpose to be described as ‘an imperative reason of overriding public interest.’ The Assembly were entitled to take the view, independent of the planning authorities, as to whether the purpose on which the Trustees relied did provide an imperative reason of overriding public interest. On that basis the challenge to their decision was rejected.
Judges:
Lord Justice Tuckey Lord Justice Waller Lord Justice Mantell
Citations:
[2004] EWCA (Civ) 1565, Times 07-Dec-2004
Links:
Statutes:
Conservation (Natural Habitats etc) Regulations 1994 44(2)(e), European Directive on the Conservation of Natural habitats and of Wild Fauna and Flora [92/43/EEC]
Jurisdiction:
England and Wales
Environment
Updated: 27 June 2022; Ref: scu.220048
