- 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)?
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.
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