R (Mynydd y Gwynt Ltd) v Secretary of State for Business, Energy and Industrial Strategy

Subject Matter

PLANNING — Development consent — “Appropriate assessment” — Claimant seeking development consent order for wind farm near special protection area protecting red kite population — Secretary of State seeking further “information” to determine whether project would have adverse impact on special protection area — Claimant failing to submit further information — Secretary of State accepting evidence of conservation body that adverse impact on red kite population could not be discounted and refusing to make order — Whether appropriate assessment made — Whether Secretary of State applying inappropriate test of certainty — Whether decision unlawful — Conservation of Habitats and Species Regulations 2010 (SI 2010/490), reg 61 — Council Directive 92/43/EEC, art 6(3)

[2018] EWCA Civ 231; [2018] PTSR 1274; [2018] WLR(D) 117, CA

Appellate History