Woolley judgement; Background

Woolley judgement; Background

This judicial review case addresses how local planning authorities (LPAs) discharge their statutory duty under Regulation 3(4) of the Conservation Regulations (1994) to have regard to the requirements of the Habitats Directive in the exercise of their functions. The case focuses on how LPAs should approach the discharge of this duty in coming to planning decisions and in particular the need to properly consider the three tests set out in the Conservation Regulations that should be considered when harm to European Protected Species (EPS) is likely.

Our briefing note and the judicial review can be read below:

Briefing note

Judicial Review

 

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