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Going batty

27 January 2011
Issue: 7450 / Categories: Legal News
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Bats have lost out in a legal battle over a proposed roadway.
In Morge (FC) v Hampshire County Council [2011] UKSC 2, the Supreme Court considered the extent of the UK’s obligation under the Habitats Directive to prohibit “deliberate disturbance” of certain species of bats.

The council granted planning permission for a three-mile stretch of roadway that would be used to provide a rapid bus service. Environmental objectors contended that the proposed route would result in a loss of bat foraging habitat and would sever a bat flight path.

The Supreme Court ruled on the level of “disturbance” required to engage the prohibition, and the obligation on local authorities to pay regard to the Directive.

Dismissing the appeal 4–1, the court held the Directive protected species not habitats, and protected “species” and not “specimens of these species”. An assessment was required as to the nature and extent of the impact on the species. Activity during the period of breeding, rearing, hibernation and migration were more likely to have a sufficient negative impact on the species to constitute “disturbance”.

Nevertheless, the court decided that planning permission should ordinarily be granted except where this would be likely to offend the Directive.
 

Issue: 7450 / Categories: Legal News
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Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

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Weightmans—Emma Eccles & Mark Woodall

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Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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