Habitat protection and planning permissions

Macrory, R.

Habitat protection and planning permissions - 2004 - ENDS Report (351) April 2004, 56(1) .

The High Court has raised important questions about the viability of wildlife conservation measures introduced under the Conservation (Natural Habitats, Etc) Regulations 1994 in the light of existing permissions. In a case involving an old quarry, "4th Duke of Westminster's 1964 Settlement Trustees v Welsh Assembly" ([2004] EWHC 50 (Admin), [2004] 7 EG 130 (CS)), the court held that existing permissions could legitimise activities that might damage a designated habitat and that the Welsh Assembly had been wrong in rejecting this as a relevant factor when considering whether to grant a licence to disturb a habitat.


CONSERVATION (NATURAL HABITATS, ETC.) REGULATIONS 1994
DIRECTIVE 92/43/EEC
4TH DUKE OF WESTMINSTER'S 1964 SETTLEMENT TRUSTEES V WELSH ASSEMBLY
QUARRYING
PLANNING PERMISSIONS
HABITAT PROTECTION
PLANNING APPLICATIONS