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27 January 2011
Issue: 7450 / Categories: Legal News
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Going batty

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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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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