R (on the application of Fisher) v English Nature
R (on the application of Fisher) v English Nature
- 2004
- Journal of Planning and Environment Law [2005] JPL 83-116(34) .
[2004] EWCA Civ 663, 26 May 2004. The appellants (F) had objected to the designation of their farmland as a Site of Special Scientific Interest (SSSI) under the Wildlife and Countryside Act 1981 s28. The site had been designated a SSSI to protect an internationally important population of stone curlews and could also be considered a special protection area. The judge held that English Heritage (E) had been right to declare the area an SSSI once it was satisfied that the statutory criteria had been met. E had been entitled to both notify and confirm the SSSI. F had objected to the designation, arguing that it breached their right to peaceful enjoyment of his possessions under the "Convention for the Protection of Human Rights and Fundamental Freedoms First Protocol Art 1. "Held": the appeal was dismissed. View judgment at www.bailii.org.
R V ENGLISH NATURE EX P FISHER
SITES OF SPECIAL SCIENTIFIC INTEREST
WILDLIFE AND COUNTRYSIDE ACT 1981 S28
SPECIAL PROTECTION AREAS
PROTECTED SPECIES
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1
[2004] EWCA Civ 663, 26 May 2004. The appellants (F) had objected to the designation of their farmland as a Site of Special Scientific Interest (SSSI) under the Wildlife and Countryside Act 1981 s28. The site had been designated a SSSI to protect an internationally important population of stone curlews and could also be considered a special protection area. The judge held that English Heritage (E) had been right to declare the area an SSSI once it was satisfied that the statutory criteria had been met. E had been entitled to both notify and confirm the SSSI. F had objected to the designation, arguing that it breached their right to peaceful enjoyment of his possessions under the "Convention for the Protection of Human Rights and Fundamental Freedoms First Protocol Art 1. "Held": the appeal was dismissed. View judgment at www.bailii.org.
R V ENGLISH NATURE EX P FISHER
SITES OF SPECIAL SCIENTIFIC INTEREST
WILDLIFE AND COUNTRYSIDE ACT 1981 S28
SPECIAL PROTECTION AREAS
PROTECTED SPECIES
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1