PETITION OF TREES FOR LIFE FOR JUDICIAL REVIEW [2021] ScotCS CSOH_108 (21 October 2021)

PETITION OF TREES FOR LIFE FOR JUDICIAL REVIEW [2021] ScotCS CSOH_108 (21 October 2021)

NatureScot's licensing policy and internal guidance did not comply with the legal requirement to provide reasons for granting licences authorising lethal control of beavers. While the approach to alternatives and proportionality was lawful, the failure to give reasons breached EU law. Other complaints regarding blanket policy, interpretation of regulations, and consideration of alternatives were not well-founded.

Citation
[2021] ScotCS CSOH_108
Parties
Petitioner: Trees for Life; First Respondent: NatureScot; Third Respondent: NFU Scotland; Fourth Respondent: Scottish Land Estates Ltd
Jurisdiction
Scotland
Judgment Date
21 October 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Petition partially granted
Legal Topics
Wildlife Protection, Licensing, Habitats Directive, Judicial Review, Conservation Status, Proportionality, Precautionary Principle
Environmental Law Administrative Law EU Law Wildlife Protection Licensing Habitats Directive Judicial Review Conservation Status +2 more

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Parties

Trees for Life

Petitioner

NatureScot

First Respondent

NFU Scotland

Third Respondent

Scottish Land Estates Ltd

Fourth Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether NatureScot's licensing policy for lethal control of beavers complies with the Conservation (Natural Habitats, etc) Regulations 1994 and EU law
  2. 2 Whether NatureScot failed to consider satisfactory alternatives to lethal control
  3. 3 Whether NatureScot failed to give reasons for granting licences

Ratio Decidendi

NatureScot's licensing policy and internal guidance did not comply with the legal requirement to provide reasons for granting licences authorising lethal control of beavers. While the approach to alternatives and proportionality was lawful, the failure to give reasons breached EU law. Other complaints regarding blanket policy, interpretation of regulations, and consideration of alternatives were not well-founded.

Court Disposition

Petition partially granted

Orders

  • NatureScot must provide reasons for granting licences authorising lethal control of beavers
  • Other relief sought by petitioner refused