R (Wyatt) v Fareham Borough Council: Worst case scenario and habitats protection

Abstract

The Court of Appeal has once again addressed the rules under the Conservation of Habitats and Species Regulations 2017 1 / Habitats Directive 2 in R (Wyatt) v Fareham Borough Council . 3 Whilst the Court expli-citly states that there are no new questions of law in this case, 4 the judgment of Lindblom LJ is nevertheless signi fi cant in the way that it treats disputes concerning expert guidance and evidence in relation to conservation. The legal principles being applied were indeed settled, but the clarity of their expression in this judgment is very helpful. The case provides a useful, up-to-date summary of the tests which have been developed by the Court of Justice of European Union (CJEU) 5 and the domestic courts in relation to the lawfulness of appropriate assessments under regulation 63 Habitats Regulations/ article 6 Habitats Directive. It also explores the relationships between Court, administrative authority, expert administrative agencies, and other scienti fi c advisors. I have explored the complex power relationships that have emerged in the operation of the Habitats Directive in respect of these actors elsewhere. 6 This judgment goes a long way to presenting a clear and accurate snapshot of how those relationships (should) work.