header-logo header-logo

Going batty

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
back-to-top-scroll