Derogation test: special protection area

R. (on the application of Mynydd y Gwynt Ltd) v Secretary of State for Business, Energy and Industrial Strategy [2016] EWHC 2581

Ps this decision was  been upheld in the Court of Appeal on 22 February 2018  – [2018] EWCA Civ 231 – dealing whether the Secretary of State was entitled to find that she had insufficient information to assess the implications of the proposed development on the site’s conservation objections.  The CA looked at the requirements in terms of information required, the burden of proof, whether certainty is required (absolute certainty is not) and whether the SS decision was inconsistent with previous appeals

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