000			02044cab a2200217 4500
001			L129665
008			050509n2005 000 0 eng u
035			_a(Sirsi) u129665
041			_aeng
245			_aR (on the application of Newsum and others) v Welsh Assembly Government (No 2)
260			_c2005
490			_aEstates Gazette _v[2005] 16 EG 144 (CS)
520			_a[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.
590			_aIKA190505
650			_aR V WELSH ASSEMBLY GOVERNMENT
650			_aDIRECTIVE 92/43/EEC
650			_aCONSERVATION (NATURAL HABITATS, ETC) REGULATIONS 1994
690			_aENVIRONMENTAL AND LAND CONSULTANCY-ENVIRONMENTAL MANAGEMENT-ENVIRONMENTAL CONSERVATION
856			_uhttps://www.bailii.org/ew/cases/EWHC/Admin/2005/538.html _zView the decision free of charge at www.bailii.org...
942			_n0
999			_c75200 _d75200