header-logo header-logo

27 January 2011
Issue: 7450 / Categories: Legal News
printer mail-detail

Going batty

Bats have lost out in a legal battle over a proposed roadway.
In Morge (FC) v Hampshire County Council [2011] UKSC 2, the Supreme Court considered the extent of the UK’s obligation under the Habitats Directive to prohibit “deliberate disturbance” of certain species of bats.

The council granted planning permission for a three-mile stretch of roadway that would be used to provide a rapid bus service. Environmental objectors contended that the proposed route would result in a loss of bat foraging habitat and would sever a bat flight path.

The Supreme Court ruled on the level of “disturbance” required to engage the prohibition, and the obligation on local authorities to pay regard to the Directive.

Dismissing the appeal 4–1, the court held the Directive protected species not habitats, and protected “species” and not “specimens of these species”. An assessment was required as to the nature and extent of the impact on the species. Activity during the period of breeding, rearing, hibernation and migration were more likely to have a sufficient negative impact on the species to constitute “disturbance”.

Nevertheless, the court decided that planning permission should ordinarily be granted except where this would be likely to offend the Directive.
 

Issue: 7450 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll