Species in UK Law

Leading Cases
  • R (Newsum and Others) v Welsh Assembly Government
    • Queen's Bench Division (Administrative Court)
    • 04 Febrero 2004

    Mr Jarman accepts that an application for this licence could have been appropriately addressed to the Countryside Council for Wales under regulation 44(2)(c). What then would have been material considerations for the Council? The claimants would be seeking a licence to conserve a protected species because, in light of the planning permission, it is likely the species would otherwise be harmed.

  • The Queen (on the application of Richard McMorn) v Natural England Department for the Environment Food and Rural Affairs (Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 13 Noviembre 2015

    The phrase "no satisfactory alternative solution" must not be construed so as to make the derogation nugatory in operation. Third, the derogation should be interpreted with the other objectives of the Directive in mind. Its application should be proportionate to the needs which justified it. The Directive balances the protection of species and certain leisure pursuits.

  • No Adastral New Town Ltd (Claimant/Appellant) v (1) Suffolk Coastal District Council (2) Secretary of State for Communities and Local Government (Interested Party/Respondent)
    • Court of Appeal (Civil Division)
    • 17 Febrero 2015

    Article 6(3) provides that any plan or project not directly connected with or necessary to the management of an SPA but likely to have a significant effect on it shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives; and in the light of the conclusions of the assessment, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site and, if appropriate, after having obtained the opinion of the general public.

  • R (Morge) v Hampshire County Council
    • Court of Appeal (Civil Division)
    • 10 Junio 2010

    The impact must be certain or real, it must be negative or adverse to the bats and it will be likely to be detrimental when it negatively or adversely effects the conservation status of the species. That is why the Guidance at (39) makes the point that the disturbing activity must be such as

    I am satisfied that the loss of foraging habitat occasioned by cutting a swathe through the vegetation does not offend Article 12(1)(b) which is concerned with protection of the species not with conservation of the species' natural habitats. There is therefore no evidence of any activity which would as a matter of law constitute a disturbance as the word has to understood.

  • The Royal Society for the Protection of Birds v The Secretary of State for Environment Food and Rural Affairs BAE Systems (Operations) Ltd (1st Interested Party) Natural England (2nd Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 21 Mayo 2014

    The River Ribble rises in Yorkshire and flows into the Irish Sea between Lytham St Annes and Southport. The River Alt rises in Huyton and flows into the Irish Sea at the edge of the Mersey Estuary. Part of the Ribble Estuary was identified as a National Nature Reserve in 1979 and notified as a Site of Special Scientific Interest under Section 28 of the Wildlife and Countryside Act 1981 in 1984. It was classified as special protection area under Council Directive 79/409/EEC in 1982.

  • R (on the application of Christopher Prideaux) v Buckinghamshire County Council Fcc Environment Uk Ltd (Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 29 Abril 2013

    If a proposed development is found acceptable when judged on its planning merits, planning permission for it should normally be given unless in the planning authority's view the proposed development would be likely to offend article 12(1) and unlikely to be licensed under the derogation powers (see paragraph 29 of Lord Brown's judgment in Morge).

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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter BIM55420
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Helpsheet 232 authorises use of the method only as regards cattle, sheep, pigs and harvested crops. Other species of farm livestock are not covered. If, in a particular case, the use of a similar method to arrive at a reasonable estimate of cost for another ......
  • Chapter EXPP2190
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... cover such goods as some live animals, counterfeit, pirated and patent infringing goods, certain fish, ozone depleting substances, endangered species etc. This list is not exhaustive and is subject to change. BIS contacts can be found in the following links:. Strategic Goods and Services: ......
  • Chapter IDG54080
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......HMRC is responsible for enforcing the international rules that regulate the import, export and transhipment of species of flora and fauna regarded as being in need of protection under CITES (the Convention on International Trade in Endangered Species), so may provide ......
  • Chapter ATACPD07650
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    .... . . . . . Goods. Live animals of any species for the purposes of dressage, training, breeding or in order to be given veterinary treatment. An illustrative list of the type of uses for which ......
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