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Limits on the role of planning authorities in the Habitats Directive

Limits on the role of planning authorities in the Habitats Directive
Published on: 08 May 2013
Published by: LexisPSL
  • Limits on the role of planning authorities in the Habitats Directive
  • Original news
  • What was the basis of the challenge?
  • What are the duties of the county council and Natural England under the Habitats legislation?
  • Why did the court consider that the council had complied with its duties under the Habitats legislation?
  • How can authorities ensure that they do not breach reg 9(5)?

Article summary

Environment analysis: Planning authorities are not required to carry out Natural England’s role when deciding whether there would be a breach of the Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive). If a proposed development is found acceptable when judged on its planning merits, planning permission for it should normally be given unless it would be likely to offend the Habitats Directive. or take a trial to read the full analysis.

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