Mitigation not a factor in habitat impact screening

Mitigation measures should not be considered when deciding whether a development project needs a full impact assessment under the Habitats Directive, according to an EU court ruling

Richard Macrory
Richard Macrory, emeritus professor of environmental law, University College London

The European Court of Justice (ECJ) has recently given an important new ruling concerning the screening of projects likely to have a significant effect under the 1992 Habitats Directive. The court’s judgment appears to be contrary to previous decisions of the British courts on the issue.

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