Royal Society for the Protection of Birds v Secretary of State for Communities and Local Government [2014] EWHC 1523 (Admin), [2014] Env LR 30

16 May 2014

Planning and Environment, Public Law and Judicial Review

Lisa acted for the Secretary of State in the claimants’ conjoined applications to quash the latter’s decision to grant planning permission for the extension of an airport runway in circumstances where the airport was within 5 km of a nuclear power station and close to a special area of conservation, which included an RSPB reserve, a special protection area an SSSI and a national nature reserve.

The claimants claimed that an appropriate assessment of the extension under regulation 61 of the Conservation of Habitats and Species Regulations 2010 had been required because the runway would cause disturbance to birds from aviation activity; and that there was an unacceptable risk of an aircraft accident at the power station. Ouseley J dismissed the claim on both grounds.

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