Newsum & Ors, R (on the application of) v Welsh Assembly Government

Newsum & Ors, R (on the application of) v Welsh Assembly Government

The consultation process, taken as a whole, was fair and adequate, providing the claimants with a reasonable opportunity to make representations. The decision to include Halkyn Mountain as a candidate SAC was based on proper scientific judgment and was not irrational. The existence of planning permission and intended quarrying at Pen yr Henblas was not a relevant consideration under the Habitats Directive, which requires selection based solely on conservation criteria. Reliance on the presence of great crested newts and calaminarian grassland was reasonable, and the inclusion of Holywell Golf Course within the SAC was not irrational.

Parties
Claimants: The Queen (on the application of Newsum and Others); Defendant: Welsh Assembly Government
Jurisdiction
England and Wales
Judgment Date
11 April 2005
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim for judicial review dismissed
Legal Topics
Judicial Review, Special Areas of Conservation, Consultation Requirements, Habitats Directive, Planning Permission, Protected Species
Administrative Law Environmental Law European Union Law Judicial Review Special Areas of Conservation Consultation Requirements Habitats Directive Planning Permission +1 more

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Parties

The Queen (on the application of Newsum and Others)

Claimants

Welsh Assembly Government

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the consultation process for designating Halkyn Mountain as a Special Area of Conservation (SAC) was fair and adequate
  2. 2 Whether the decision to include Halkyn Mountain as a candidate SAC was irrational or failed to take into account relevant considerations
  3. 3 Whether the existence of planning permission and intended quarrying activity at Pen yr Henblas was a relevant consideration in the SAC designation

Ratio Decidendi

The consultation process, taken as a whole, was fair and adequate, providing the claimants with a reasonable opportunity to make representations. The decision to include Halkyn Mountain as a candidate SAC was based on proper scientific judgment and was not irrational. The existence of planning permission and intended quarrying at Pen yr Henblas was not a relevant consideration under the Habitats Directive, which requires selection based solely on conservation criteria. Reliance on the presence of great crested newts and calaminarian grassland was reasonable, and the inclusion of Holywell Golf Course within the SAC was not irrational.

Court Disposition

Claim for judicial review dismissed

Orders

  • Permission to apply for judicial review granted
  • Claim for judicial review dismissed