Ruling strengthens wildlife safety amid nutrient air pollution issues

A Supreme Court docket judgment upholding the Habitats Laws has been welcomed by Wildlife and Countryside Hyperlink, a coalition of nature and environmental charities. Within the 22 October judgment in C G Fry & Son Ltd v SSCLG and one other the Supreme Court docket confirmed that public authorities should perform an “applicable evaluation” for improvement proposals which will hurt wildlife websites protected below the Habitats Laws in any respect related levels of the planning course of, because the group explains.  

The ruling makes clear that the Habitats Laws present persevering with safety for websites of worldwide and nationwide significance all through the event course of. By rejecting arguments that duties to evaluate environmental impacts are restricted to the earliest levels of planning, the Court docket has ensured that nature safety stays a stay responsibility all through your entire planning consent process. 

Nonetheless, the judgment additionally stated that totally different guidelines apply to Ramsar Websites (globally necessary wetlands). Authorities coverage within the type of the Nationwide Planning Coverage Framework (NPPF) gives Ramsar websites the identical stage of coverage safety because the Habitats Laws. Nonetheless, the judgment acknowledged that “the Court docket of Enchantment erred in giving an announcement of coverage… the identical standing and drive as a authorized rule set out in laws” (para 60).  

Richard Benwell, CEO of Wildlife and Countryside Hyperlink, stated: “This decisive judgment confirms that authorized safety for wildlife isn’t a field to tick on the outset of the planning course of, it’s an ongoing obligation to make sure builders can’t ignore nature.” 

“The judgment says that a few of the most necessary wetlands on the planet don’t profit from the identical readability of authorized safety as locations protected by the Habitats Laws. The Authorities is rightly fixing this harmful disparity within the Planning and Infrastructure Invoice, giving Ramsar wetlands the elevated safety they deserve.” 

The case centred on whether or not impacts of nutrient air pollution from new improvement have to be taken into consideration on the “reserved issues”, a later stage within the planning course of after define planning permission is granted. Nutrient air pollution (corresponding to sewage and agricultural air pollution) is the primary motive that solely 16% of rivers, lakes and wetlands in England are in good ecological situation.  

The judgment clarified that: 

1. Improvement granted define permission earlier than decision-makers have been conscious of how nutrient air pollution might hurt Particular Areas of Conservation and Particular Safety Areas may be required on the later stage to evaluate and keep away from this potential hurt, and  
2. Such ongoing safety for Ramsar websites applies when planning circumstances with a related environmental safety function are discharged.  

Wildlife & Countryside Hyperlink intervened within the case, working with barristers Estelle Dehon KC, Nina Pindham, Hannah Taylor, and Carol Day and Ricky Gama of Leigh Day. The ruling rejected the developer’s arguments on Habitats grounds, confirming robust safety for European websites, however accepted the Ramsar grounds, creating a possible hole in safety for internationally necessary wetlands.  

Schedule 6 of the Planning and Infrastructure Invoice would make Ramsar websites legally equal to Habitats Laws websites for planning & operation processes, successfully closing this loophole for the longer term.