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Bown v SoS Transport

Series: Estates Gazette Case Summaries ; [2003] 15 EG 137 (CS) (1)Publication details: 2003Subject(s): Summary: QBD, 26 March 2003. Challenge by claimant B against the respondent inspector's decision to grant planning permission to construct roadworks on environmentally sensitive land. B claimed the marsh should have been treated as a designated area of special protection or conservation in accordance with Directive 79/409/EEC and that the inspector failed to apply the Conservation (Natural Habitats, Etc.) Regulations 1994 Reg 44 in respect of the otters. "Held": claim dismissed. The marsh had not been identified as a potential special protection or conservation area so the inspector was not required to treat it as such and the inspector had correctly considered the conditions with regards to Reg 44.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS66626 (Browse shelf(Opens below)) 1 Available 122011-1001

QBD, 26 March 2003. Challenge by claimant B against the respondent inspector's decision to grant planning permission to construct roadworks on environmentally sensitive land. B claimed the marsh should have been treated as a designated area of special protection or conservation in accordance with Directive 79/409/EEC and that the inspector failed to apply the Conservation (Natural Habitats, Etc.) Regulations 1994 Reg 44 in respect of the otters. "Held": claim dismissed. The marsh had not been identified as a potential special protection or conservation area so the inspector was not required to treat it as such and the inspector had correctly considered the conditions with regards to Reg 44.