‘The Claimant sought judicial review of the Council’s decision to grant planning permission for replacement facilities in respect of what is known as “Sizewell B” power station, part of the Sizewell power stations in Suffolk, in advance of a decision on whether or not to grant development consent for “Sizewell C”. The site lies within the Suffolk Coast and Heaths AONB and the Suffolk Heritage Coast. The Sizewell Marshes SSSI lies immediately west and north of the site and within the western boundary lies Coronation Wood. The Claimant was Secretary and member of “Together Against Sizewell C”, a group which held concerns as to the sensitive nature of the environment around Sizewell and the impact of the Sizewell C project.’
No. 5 Chambers, 8th October 2020
Court of Appeal
“The notification of a site of special scientific interest by English Nature was not a plan or project requiring an assessment of its conservation implications on any special protection area which it might affect.”
The Times, 8th December 2009
“A notification pursuant to s 28 of the Wildlife and Countryside Act 1981 that an area of land was of special scientific interest did not constitute a ‘plan’ or a ‘project’ for the purposes of art 6(3) of Council Directive 92/43/EC (‘the Habitats Directive’) and so was not subject to an appropriate assessment of its conservation implications for any special protection area on which it was likely to have a significant effect.”
WLR Daily, 23rd October 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Queen’s Bench Division
“Designation of a Site of Special Scientific Interest without considering its effect on a neighbouring Special Protection Area for the protection of rare or vulnerable bird species, could amount to a plan which should not be carried out.”
The Times, 25th February 2009
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