Tomorrow the Upper Tribunal begins hearing the appeal in Natural England v Warren (GIA/2242/2018).
The appeal is only the second time that the Upper Tribunal has considered a stop notice served under Schedule 3 of the Environmental Civil Sanctions (England) Order 2010. The previous case being Forager v Natural England  UKUT 0148 (AAC).
The issues raised in the appeal include:
- the applicability of the Habitats Regulations/Directive to a decision by the First-tier Tribunal to vary a stop notice;
- the applicability of the precautionary principle to the test of significant risk of serious harm;
- the level of reasons required for service of a stop notice;
- whether the obtaining of consent under s. 28E of the Wildlife and Countryside Act 198 can be a step specified in a stop notice.
The case is listed for three days before Kate Markus QC, Judge of the Upper Tribunal.
James Maurici QC is appearing for Natural England which is the appellant before the Upper Tribunal (instructed by Browne Jacobson). James also appeared for Natural England in the Forager litigation.