R (on the application of Newsum and others) v Welsh Assembly Government (No 2)
R (on the application of Newsum and others) v Welsh Assembly Government (No 2)
- 2005
- Estates Gazette [2005] 16 EG 144 (CS) .
[2005] EWHC 538 (Admin), 11 April 2005. Considers the case for including land on the Special Areas of Conservation (SAC) list pursuant to Council Directive 92/43/EEC, as implemented by the Conservation (Natural Habitats etc) Regulations 1994. Claimants (N) sought to quash the decision to include their land on the SAC list, land chosen in part because of the presence of calaminarian grassland and a population of great crested newts. N contended that the revised list of candidate SACs had been produced too hastily at the expense of scientific justification and that N's lawful use certificate for quarrying the land inhabited by the newts should have excluded the land from the proposed SAC list, a list that had already been adopted by the European Commission. "Held": permission granted but claim dismissed. Permission was granted for the judicial review claim to proceed were N to challenge the Commission's decision to adopt the SAC list. W's decision to include N's land in the list had a proper scientific basis and was not quota-driven. As to the quarry, it was not possible to exclude an otherwise appropriate site on the basis that the relevant habitats or species were liable to be affected by the implementation of existing consents.
R V WELSH ASSEMBLY GOVERNMENT
DIRECTIVE 92/43/EEC
CONSERVATION (NATURAL HABITATS, ETC) REGULATIONS 1994
[2005] EWHC 538 (Admin), 11 April 2005. Considers the case for including land on the Special Areas of Conservation (SAC) list pursuant to Council Directive 92/43/EEC, as implemented by the Conservation (Natural Habitats etc) Regulations 1994. Claimants (N) sought to quash the decision to include their land on the SAC list, land chosen in part because of the presence of calaminarian grassland and a population of great crested newts. N contended that the revised list of candidate SACs had been produced too hastily at the expense of scientific justification and that N's lawful use certificate for quarrying the land inhabited by the newts should have excluded the land from the proposed SAC list, a list that had already been adopted by the European Commission. "Held": permission granted but claim dismissed. Permission was granted for the judicial review claim to proceed were N to challenge the Commission's decision to adopt the SAC list. W's decision to include N's land in the list had a proper scientific basis and was not quota-driven. As to the quarry, it was not possible to exclude an otherwise appropriate site on the basis that the relevant habitats or species were liable to be affected by the implementation of existing consents.
R V WELSH ASSEMBLY GOVERNMENT
DIRECTIVE 92/43/EEC
CONSERVATION (NATURAL HABITATS, ETC) REGULATIONS 1994