Judicial Review Leads to Increased Protection of European Protected Species

Judicial Review Leads to Increased Protection of European Protected Species

 This judgment clarifies for the first time the legal duty of a Local Planning Authority (LPA) when determining a planning application for a development which may have an impact on European Protected Species (EPS) such as bats, great crested newts, dormice and otters.

Case Law

A recent test case related to an application for judicial review of a decision by the then Macclesfield Borough Council to grant planning permission for a development involving the demolition of a villa which contained a small pipistrelle roost. Planning permission was granted with a condition that an EPS licence to damage a bat roost was applied for from Natural England (NE). Such a licence was acquired in July 2008 and the building was demolished the following month.

However, the company subsequently went into administration and the site was left as an open development plot with no mitigation for the displaced bats. The planning permission was challenged by a local resident on the grounds that the LPA had failed to ensure that bats were not being negatively impacted by the development, as required under the Habitats Regulations 1994 (as amended).

In June 2009 the Court held that a LPA cannot discharge its duty simply by adding a condition to the grant of planning permission, requiring a licence from NE to be obtained, as this would not amount to engaging with the Directive. Similarly, a mere reference at the end of the planning permission to the existence of the 1994 Regulations and the need for a licence cannot discharge the LPA's duty.

The Court held that the flawed approach taken by the LPA was considered a breach of European law and justified the quashing of the planning permission. This case will have a knock-on effect to planning departments across the UK, and serves to increase the protection that EPS receive and the consideration that they are given within the planning system. Ecological mitigation measures would now require agreement prior to planning permission being granted.

HOW ENVIRON CAN HELP

ENVIRON has local specialists in bats and other protected species who are skilled in guiding clients through the often complex ecological legislative measures associated with gaining planning permission and EPS Licences.

Timing of Surveys 

Bats are currently emerging from hibernation and the bat activity season begins in late April. In order to avoid potential delays to a project, ensure that you survey for these night flying animals at the beginning of a project.

FREE CPD

Please email us if you are interested in a free Continued Professional Development presentation on bats or any other protected species and associated legislation.

About Us

ENVIRON is an international environmental, health, safety and sustainability consultancy. We have 9 offices in the UK, including in Exeter and Bath. In the South West we specialise in ecology, environmental planning and carbon and energy management, and we provide the full suite of environmental consulting services.

Contact Us

If you would like further information please contact Hayden Torr from ENVIRON’s Exeter office on 01884 842010  htorr@uk.environcorp.com

Posted 5th May 2010  by member ENVIRON UK Limited