Morge v Hampshire CC

Morge v Hampshire CC

The balance of convenience favours granting the variation because the risk of significant harm to wildlife is low and the risk of losing project funding is real and substantial. The evidence does not show likely significant impact on bats or badgers from the proposed works.

Source-derived case information.

Parties
Applicant: Morge; Respondent: Hampshire County Council
Jurisdiction
England and Wales
Judgment Date
28 January 2010
Procedural Posture
Judicial Review / Interlocutory Application to Vary Interim Injunction Pending Appeal
Outcome
Application granted
Legal Topics
Habitats Directive Compliance, Environmental Impact Assessment, Interim Relief, Planning Permission, Wildlife Protection
Environmental Law Administrative Law Planning Law Habitats Directive Compliance Environmental Impact Assessment Interim Relief Planning Permission Wildlife Protection

Source-derived case record

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Parties

Morge

Applicant

Hampshire County Council

Respondent

Procedural Posture

Judicial Review / Interlocutory Application to Vary Interim Injunction Pending Appeal

Legal Issues

  1. 1 Whether the interim injunction restraining works should be varied to allow preparatory works pending appeal
  2. 2 Whether the proposed works would cause significant harm to wildlife, particularly bats and badgers
  3. 3 Whether the risk of losing project funding justified varying the injunction

Ratio Decidendi

The balance of convenience favours granting the variation because the risk of significant harm to wildlife is low and the risk of losing project funding is real and substantial. The evidence does not show likely significant impact on bats or badgers from the proposed works.

Court Disposition

Application granted

Orders

  • Variation of interim injunction to allow specified preparatory works pending appeal