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Case law
Case law
The following examples represent some of the founding principles of legal interpretation currently held in the UK.
- The Morge Case
- Relates to interpretation of the ‘deliberate disturbance’ and ‘damage or destruction of a breeding site or resting place’ clauses in regulations 41(1)(b) and 39(1)(d) of the Habitats Regulations 2010. It also provides guidance on how local planning authorities should discharge their duties with respect to the Habitat Regulations 2010.
- The Woolley Ruling
- Case confirmed that local planning authorities must apply the same three tests as Natural England when deciding whether to grant planning permission when one or more of the European protected species offences under the Habitats Regulations may be committed if a planning permission is granted.
- Dilly Lane
- Case involving the Habitats Regulations, which may mean that where mitigation with respect to European sites is incorporated into the design of the development, an appropriate assessment can be avoided.
- Cornwall Ruling
- Judgement that a planning authority had acted unlawfully by granting planning permission without sufficient information on flora and fauna.
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