High Court rejects challenge to development near European site

A High Court judge has ruled that planning authorities must not necessarily withdraw permission for projects near protected habitats that included mitigation measures at the screening stage of their planning application as a result of a landmark 2018 European court ruling.

The decision clarifies last year’s ‘People Over Wind’ ruling by the Court of Justice of the European Union (CJEU), which established – in contradiction to existing UK practice – that mitigation measures for projects with the potential to affect European protected sites should not be taken into account at the screening stage

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