Ecology and Biodiversity

Overview

Our barristers regularly act for developers, ecologists, wildlife charities, local planning authorities, government departments (such as Natural England) and government departments who are involved in issues relating to ecology and biodiversity. This is both in the planning context, and further field. Our barristers combine a keen understanding of the law with valuable practical insights honed from our members’ extensive experience of planning applications, Development Consent Order applications and planning appeals. We have been particularly involved in issues concerning nutrient neutrality and water neutrality in recent years.

Recent court highlights include:

• CG Fry v SSLUHC [2023] Env LR 30 (and ongoing)– a high-profile High Court Claim about whether a Habitats Regulations Assessment must be undertaken at discharge of condition stage if it has not been undertaken before.
• Re No Gas Caverns Ltd's Application for Judicial Review [2023] NIKB 84 – Challenge to marine licensing for Department for Agriculture, Environment and Rural Affairs in respect of proposed development of natural gas storage caverns located within a Special Area of Conservation and the court reiterated the importance of procedural rigour and compliance in judicial review
• R (Wyatt) v Fareham BC & Natural England [2023] Env LR 14 – the Court of Appeal considered NE guidance on nutrient neutrality in the context of habitats and the general approach to habitats and expert evidence
• R (Langton) (No 3) v SSEFRA [2022] EWCA Civ 1201 – a Court of Appeal case about the interpretation of the biodiversity duty in s.40 of the Natural Environment and Rural Communities Act 2006.
• R (Sahota) v Herefordshire Council [2022] Env LR 20 – a Court of Appeal case on the circumstances in which an Appropriate Assessment will be required under the Conservation of Species and Habitats Regulations 2017 (“the Habitats Regulations”).
• R (Langton) (No 2) v SSEFRA [2020] Env LR 1 – a High Court case about the approach to SSSI citations under s.28G of the Wildlife and Countryside Act 1981.
• Canterbury CC v SSCLG [2019] JPL 1321 – the first domestic case to apply the significant CJEU ruling in People Over Wind about the role of mitigation in Habitats Regulation screening assessments.
• R (Langton) (No 1) v SSEFRA [2019] 4 WLR 151 (CA) – a Court of Appeal case about the application of the Habitats Regulations to badger culling.
• R (Morge) v Hampshire CC [2011] 1 WLR 268 – a Supreme Court case on the application of Article 12 of Directive 92/43 (the Habitats Directive) and what was then reg.3(4) of the Habitats Regulations.