Aggregate Industries UK Ltd., R (on the application of) v English Nature and & Anor [2002] EWHC 908 (Admin) (24th April, 2002)

Aggregate Industries UK Ltd., R (on the application of) v English Nature and & Anor [2002] EWHC 908 (Admin) (24th April, 2002)

The confirmation of the Bramshill SSSI by English Nature did not breach Article 6(1) ECHR or section 6(1) HRA 1998 because the process was not directly decisive of Aggregate Industries’ civil rights; the statutory scheme provided adequate procedural safeguards, including judicial review. There was no binding legitimate expectation preventing the Council from changing its approach to temporary habitats, and the decision was justified by policy and scientific developments. Section 28 of the Wildlife and Countryside Act 1981 is not incompatible with Article 6 ECHR.

Citation
[2002] EWHC 908 (Admin)
Parties
Claimant: Aggregate Industries UK Limited; First Defendant: English Nature; Second Defendant: Secretary of State for the Environment Food and Rural Affairs
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review of Administrative Decisions, Designation of Sites of Special Scientific Interest (sssi), Article 6 ECHR (right to a Fair Trial), Legitimate Expectation, Compatibility of Domestic Legislation With ECHR
Administrative Law Environmental Law Human Rights Law Judicial Review of Administrative Decisions Designation of Sites of Special Scientific Interest (sssi) Article 6 ECHR (right to a Fair Trial) Legitimate Expectation Compatibility of Domestic Legislation With ECHR

Case Brief

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Parties

Aggregate Industries UK Limited

Claimant

English Nature

First Defendant

Secretary of State for the Environment Food and Rural Affairs

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the confirmation of Bramshill as an SSSI by English Nature breached Article 6(1) ECHR and section 6(1) HRA 1998
  2. 2 Whether the decision breached Aggregate Industries' legitimate expectations
  3. 3 Whether there was a justifiable basis for the Council’s decision to confirm the SSSI

Ratio Decidendi

The confirmation of the Bramshill SSSI by English Nature did not breach Article 6(1) ECHR or section 6(1) HRA 1998 because the process was not directly decisive of Aggregate Industries’ civil rights; the statutory scheme provided adequate procedural safeguards, including judicial review. There was no binding legitimate expectation preventing the Council from changing its approach to temporary habitats, and the decision was justified by policy and scientific developments. Section 28 of the Wildlife and Countryside Act 1981 is not incompatible with Article 6 ECHR.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No declaration of incompatibility made