Northern Ireland judgment [2015] EWHC 776 (Admin) (26 March 2015)

Northern Ireland judgment [2015] EWHC 776 (Admin) (26 March 2015)

The court held that the Welsh Ministers complied with the SEA Directive by identifying and evaluating reasonable alternatives, including those not involving a motorway across protected sites, and properly considered environmental impacts and mitigation. The section 28G duty was fulfilled, as conservation and enhancement of SSSIs were integrated into the appraisal and decision-making process.

Citation
[2015] EWHC 776 (Admin)
Parties
Claimant: Friends of the Earth England, Wales and Northern Ireland Limited; Defendant: Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
26 March 2015
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Strategic Environmental Assessment Directive, Wildlife and Countryside Act 1981, Transport Planning, Sites of Special Scientific Interest, Public Consultation
Administrative Law Environmental Law Planning Law Strategic Environmental Assessment Directive Wildlife and Countryside Act 1981 Transport Planning Sites of Special Scientific Interest Public Consultation

Case Brief

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Parties

Friends of the Earth England, Wales and Northern Ireland Limited

Claimant

Welsh Ministers

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the adoption of the M4 Corridor Around Newport Plan complied with the Strategic Environmental Assessment Directive
  2. 2 Whether the Welsh Ministers breached their duty under section 28G of the Wildlife and Countryside Act 1981 to further conservation and enhancement of SSSIs

Ratio Decidendi

The court held that the Welsh Ministers complied with the SEA Directive by identifying and evaluating reasonable alternatives, including those not involving a motorway across protected sites, and properly considered environmental impacts and mitigation. The section 28G duty was fulfilled, as conservation and enhancement of SSSIs were integrated into the appraisal and decision-making process.

Court Disposition

Claim dismissed

Orders

  • Permission refused on Ground 3
  • Claim dismissed on Grounds 1 and 2