NERC Act 2006 - case law from High Court Judgement

Planning magazine, Issue 1758 29th February 2008 Charity reels from – Catherine Early Campaigners are bitterly disappointed after the first legal case over recent wildlife protection laws was rejected by a High Court judge.Charity Buglife applied to quash a permission granted by Thurrock Thames Gateway Development Corporation for a Royal Mail depot on West Thurrock Marshes.Campaigners argued that the corporation failed to look for alternative sites for the scheme or protect species safeguarded under PPS9.The corporation had no regard to its legal duty to conserve biodiversity under the Natural Environment and Rural Communities Act 2006, it added. But Mr Justice Mitting rejected this, calling the duty a “weak one”.The Thamesside site is home to 1,300 species of insect, bird and plant, including the brown-banded carder bee and 36 species listed in the government’s Red Data Book of rare species.“The biodiversity duty was widely hailed as a major step forward for conservation. The result demolishes this view,” said Buglife director Matt Shardlow.Wildlife Trust head of planning Fiona Mahon added: “If PPS9 is not taken seriously it leaves us with little legislation to protect wildlife.” 

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