Bown v SoS Transport
Bown v SoS Transport
- 2003
- Estates Gazette Case Summaries [2003] 15 EG 137 (CS) (1) .
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.
BOWN V SOS TRANSPORT
CONSERVATION (NATURAL HABITATS, ETC) REGULATIONS 1994
ENVIRONMENTALLY SENSITIVE AREA
PLANNING PERMISSION
WILDLIFE CONSERVATION
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.
BOWN V SOS TRANSPORT
CONSERVATION (NATURAL HABITATS, ETC) REGULATIONS 1994
ENVIRONMENTALLY SENSITIVE AREA
PLANNING PERMISSION
WILDLIFE CONSERVATION