The WLR Daily case summaries
[2018] WLR(D) 117
Court of Appeal
Regina (Mynydd Y Gwynt Ltd) v Secretary of State for Business Energy and Industrial Strategy
[2018] EWCA Civ 231
2018 Feb 13, 14; 22
Lewison, Floyd, Peter Jackson LJJ
Planning — Development — Special protection area — Claimant seeking planning consent for wind farm near special protection area — Concerns raised in relation to population of red kite— Examiner’s report recommending grant of permission but advising Secretary of State that appropriate assessment might be necessary— Secretary of State seeking further information— Claimant failing to submit further information— Secretary of State accepting evidence of conservation body that adverse impact on special protection are could not be discounted and refusing planning consent— Court dismissing judicial review of Secretary of State’s decision— Whether Secretary of State applying inappropriate test of certainty— Whether decision unlawful— Meaning of ”information” to be required by Secretary of State—
Conservation of Habitats and Species Regulations 2010 (SI 2010/490), reg 61
—
Council Directive 92/43/EEC, art 6