R (on the application of Langton) v Secretary of State for Environment, Food and Rural Affairs and another

Environment – Site of special scientific interest. It was accepted that Natural England had a duty under s 28G of the Wildlife and Countryside Act 1981 to take reasonable steps to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest (SSSI) was of special scientific interest. The s 28G duty applied when Natural England made decisions on badger control licences. However, the Administrative Court held, among other things, that in the present proceedings, only some of the sites at issue had special features. Consequently, the claimant's case that in assessing the risks in those sites, Natural England had omitted relevant interest features which could be adversely affected by operations under those licences, had limited success.

Category: