header-logo header-logo

Town & country planning

27 January 2011
Issue: 7450 / Categories: Case law , Law digest
printer mail-detail

R (on the application of Morge) v Hampshire County Council [2011] UKSC 2, [2011] All ER (D) 114 (Jan)

The approach to Art 12(1)(b) of the Council Directive (EEC) 92/43 (on the conservation of natural habitats and of wild fauna and flora) (the Habitats Directive) was governed by certain broad considerations.

First, it afforded protection specifically to species and not to habitats, although obviously disturbance of habitats could also indirectly impact on species. Second, the prohibition encompassed in Art 12(1)(b), in contrast to that in Art 12(1)(a), related to the protection of “species”, not the protection of “specimens of these species”. Third, while it was true that the word “significant” was omitted from Art 12(1)(b)—in contrast to Art 6(2) and, indeed, Art 12(4), which envisaged accidental capture and killing having “a significant negative impact on the protected species”—that could not preclude an assessment of the nature and extent of the negative impact of the activity in question upon the species and, ultimately, a judgment as to whether that was sufficient to constitute a “disturbance” of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

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
back-to-top-scroll