Kerry Underwood

SITE OF SPECIAL SCIENTIFIC INTEREST: UPPER TRIBUNAL DECISIONS

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Here I look at Upper Tribunal decisions, that is decisions on appeal, in relation to Site of Special Scientific Interest.

All of the information in all of these posts is taken directly from the Senior President of Tribunals’ Annual Report 2020, which is an invaluable and free resource dealing with all aspect of the work of tribunals as well as setting out these summaries of key cases.

The whole report can be accessed here.

Administrative Appeals Chamber: Site of Special Scientific Interest

CitationPartiesJurisdictionCommentary
2019] UKUT 300 (AAC)Natural England v Warren (MISCMISCThe Upper Tribunal decided in respect of a Site of Special Scientific Interest (“SSSI”) that the Firsttier Tribunal was not bound by the requirements of Regulation 63 of the Conservation of Habitats and Species Regulations 2017 and thereby Article 6(3) of Directive 92/43 in terms of assessing the implications of a plan or project on a special area of conservation or a special protection area. The tribunal was not a competent authority on which the Regulations imposed such obligations. However, it was bound to apply the principles governing the competent authority’s assessment, including the precautionary principle.

Written by kerryunderwood

August 20, 2020 at 11:39 am

Posted in Uncategorized

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