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Woolley, R (on the application of) v Cheshire East Borough Council.

Pays/Territoire
Royaume-Uni
Type de cour
Autres
Date
Jui 5, 2009
Source
UNEP, InforMEA
Nom du tribunal
High Court of Justice
Siège de la cour
Manchester
Juge
Waksman.
Numéro de référence
[2009] EWHC 1227 (Admin)
Langue
Anglais
Sujet
Questions juridiques, Espèces sauvages et écosystèmes
Mot clé
Planification territoriale Protection de l'habitat Espèces végétales protégées Espèces animales protégées Espèces halieutiques protégées Protection des espèces
Résumé
Planning permission was granted by the local planning authority for the demolition of a house (containing bat roosts) and the erection of three apartments. Regulation 3(4) of the Habitats Regulations provide that local planning (among other) authorities must have regard to the requirements of the Habitats Directive so far as they may be affected by the exercise of those functions. The Habitats Directive prohibits the deterioration or destruction of breeding sites or resting places of European Protected Species unless tests including the absence of alternatives and imperative reasons of overriding public importance are met. These species include all bats and great crested newts. The Judge held on regulation 3(4): "the local authority should engage with the provisions of the Directive. In my view that engagement involves a consideration by the authority of those provisions and considering whether the derogation requirements might be met. This exercise is in no way a substitute for the licence application which will follow if permission is given. But it means that if it is clear or perhaps very likely that the requirements of the Directive cannot be met because there is a satisfactory alternative or because there are no conceivable other imperative reasons of overriding public interest then the authority should act upon that, and refuse permission. On the other hand if it seems that the requirements are likely to be met, then the authority will have discharged its duty to have regard to the requirements and there would be no impediment to planning permission on that ground. If it is unclear to the authority whether the requirements will be met it will just have to take a view whether in all the circumstances it should affect the grant or not. But the point is that it is only by engaging in this kind of way that the authority can be said to have any meaningful regard for the Directive". The decision also contains interesting points on regard for the development plan and the use of planning obligations to create links between sites. Circular 06/05 encourages planning authorities to have regard to the duties to the Habitats Directive in discharging its functions. In assuming that the impact on bats would be dealt with by the bat licence from Natural England, the council had failed to have regard to the duties in respect of protected species.
Texte intégral
COU-156632.pdf