R (on the application of Savage) v Mansfield District Council

Town and country planning – Planning permission. The applicant sought judicial review of the respondent local planning authority's grant of outline planning permission to a developer where the relevant site was near breeding populations of woodlark and nightjar. The Court of Appeal, Civil Division, hearing the case at first instance, dismissed the application. It held, inter alia, that the Conservation of Habitats and Species Regulations 2010, SI 2010/490, supplemented by the National Planning Policy Framework, did not require a planning authority to undertake a 'shadow assessment' or other quasi-appropriate assessment in respect of sites which were not proposed Special Protection Areas (pSPA). In the present case, the proposed site was not a pSPA, there had been no duty to consult Natural England and the advice given by that body had been no more than a material consideration to have been taken into account.

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