Wildlife and Habitats

Landmark’s barristers have very extensive experience both of the EU Habitats Directive regime and of other legislation that protects wildlife. We act for central government, Natural England, local authorities and other public bodies, private developers and those who object to proposed development. In addition to court work, we regularly deal with wildlife and habitats issues at planning inquiries and DCO examinations and in environmental appeals. We also frequently advise on the application of the relevant legislation, in the context of individual decisions and also to the production of both national and local planning and environmental policy.

Our experience in this field spans a broad range of seniority: our practice managers will be happy to assist in providing a recommendation of appropriate counsel.

Landmark barristers have acted in the following significant litigation in this field:

  • R (o.a.o. Hart DC) v Secretary of State for Communities and Local Government [2008] 2 P&CR 16;
  • R (Morge) v Hampshire CC [2011] 1 WLR 268;
  • R (o.a.o. Prideaux) v Buckinghamshire CC [2013] Env LR 32;
  • Savage v Mansfield DC [2015] EWCA Civ 4;
  • Smyth v Secretary of State for Communities and Local Government [2015] PTSR 1417;
  • R (o.a.o. Forest of Dean (Friends of the Earth)) v Forest of Dean DC [2015] PTSR 1460;
  • Ashdown Forest Economic Development LLP v Secretary of State for Communities and Local Government [2016] PTSR 78;
  • Newry Chamber of Commerce and Trade’s Application for Judicial Review [2015] NIQB 65;
  • R (o.a.o. Champion) v North Norfolk DC [2015] 1 WLR 3710;
  • R (o.a.o. Mynydd Y Gwynt Ltd) v SSBEIS [2018] Env LR 22;
  • R (o.a.o. Mott) v Environment Agency [2018] 1 WLR 1022;
  • DLA Delivery Ltd v Baroness Cumberlege of Newick [2018] EWCA Civ 1305.

Our inquiry experience in this area includes the following

  • Dibden Bay: a major inquiry into a new container port at Southampton;
  • Lough Neagh: an inquiry into the historic and future extraction of sand from the bed of Lough Neagh (a SPA, Ramsar Site and ASSI), planning permission not having been obtained for 80 years;
  • Itchen, Candover and Testwood: a three-week inquiry considering three water abstraction licences, raising issues under the Habitats Directive and Water Framework Directive;
  • Catfield Fen: a three-week inquiry into an appeal under the Water Resources Act 1991 against the Environment Agency’s refusal to renew water abstraction licences on Habitats Directive grounds owing to alleged impact on the Broads SAC.
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