News

Supreme Court dismisses bat appeal

The Supreme Court has dismissed the appeal in Morge v. Hampshire County Council [2011] UKSC 2 .  The judgments in this case is of relevance to the determination of planning applications when European Protected Species (and in particular bats) are likely to be affected.

The Court considered the meaning of the obligation contained in the Habitats Directive which prohibits “deliberate disturbance” of certain species of bats, and the scope of the obligation in domestic legislation on planning authorities to have regard to the requirements of the Habitats Directive when making planning decisions.

The Court held that disturbance must be considered on a case by case basis having regard to certain broad considerations.
The Court (by a majority of 4-1) held that planning permission should ordinarily be granted save only in cases where the Planning Committee conclude that the proposed development would both be likely to offend article 12(1) and be unlikely to be licensed pursuant to the powers to derogate from the requirements of article 12(1). Where Natural England express themselves satisfied that a proposed development will be compliant with article 12(1) the planning authority are entitled to presume that that is so.

Neil Cameron QC and Sasha White acted for Hampshire County Council, the successful respondents.