Newsum & Ors v Welsh Assembly Government

Newsum & Ors v Welsh Assembly Government

The court held that the Welsh Assembly Government erred in law by failing to consider that the protection of the great crested newt population through translocation, in the context of an existing planning permission, could itself constitute an overriding public interest under regulation 44(2)(e). The Assembly wrongly confined its consideration to economic demand for quarrying and excluded the material consideration that lawful operations could incidentally harm a protected species, making the protection of that species a valid public interest. The decision was therefore irrational and must be quashed.

Parties
Claimants: Jeremy Henry Moore Newsum, Mark Anthony Loveday, Robin Shedden Broadhurst (Trustees of the 4th Duke of Westminster’s 1964 Settlement); Defendant: Welsh Assembly Government
Jurisdiction
England and Wales
Judgment Date
04 February 2004
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed; decision quashed
Legal Topics
Conservation of Natural Habitats, Protected Species Licensing, Planning Permission and Environmental Regulation, Judicial Review of Administrative Action
Environmental Law Administrative Law Planning Law Conservation of Natural Habitats Protected Species Licensing Planning Permission and Environmental Regulation Judicial Review of Administrative Action

Case Brief

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Parties

Jeremy Henry Moore Newsum, Mark Anthony Loveday, Robin Shedden Broadhurst (Trustees of the 4th Duke of Westminster’s 1964 Settlement)

Claimants

Welsh Assembly Government

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the refusal of a licence under regulation 44(2)(e) Conservation (Natural Habitats etc) Regulations 1994 was lawful
  2. 2 Whether the existence of planning permission constitutes an overriding public interest for the purposes of regulation 44(2)(e)
  3. 3 Whether the destruction or disturbance of a protected species incidental to a lawful operation is defensible under regulation 40(3)(c)

Ratio Decidendi

The court held that the Welsh Assembly Government erred in law by failing to consider that the protection of the great crested newt population through translocation, in the context of an existing planning permission, could itself constitute an overriding public interest under regulation 44(2)(e). The Assembly wrongly confined its consideration to economic demand for quarrying and excluded the material consideration that lawful operations could incidentally harm a protected species, making the protection of that species a valid public interest. The decision was therefore irrational and must be quashed.

Court Disposition

Claim allowed; decision quashed

Orders

  • The decision of the Welsh Assembly Government notified on 14 February 2003 is quashed.
  • The application for a licence is to be reconsidered by the Assembly in light of this judgment.