Wednesday, 19 March 2025
FROM WILD JUSTICE ABOUT GLEN MASSACRE AND WALES AND PRIVATE EYE
Good morning!
In this newsletter: quick progress in Cardiff, a shout-out for help with leaflets and a reminder to look out for our advertisement in Private Eye. Also, a big "Hello!" to hundreds of new subscribers to this newsletter attracted by our video of Glenn Massacre.
Last Friday morning in Cardiff: just about everyone who was in Court 15 of the Civil Justice Centre in Cardiff (including a Grey Seal and a Razorbill) for the 11am 'renewal hearing' of our challenge of the lawfulness of a planning decision by the Pembrokeshire Coast National Park Authority (PCNPA), had travelled for hours to get there. We were all done in less than half an hour, but we didn't mind as we were granted permission for judicial review on three grounds of challenge which had been turned down by an earlier judge.
The process of judicial review - challenging the lawfulness of a decision by a public body - involves three main stages, the second of which is getting permission to go on to the third stage which is a full hearing in court. We asked for a judicial review of PCNPA's planning decision on five grounds and we had been given permission on two of them but not the other three.
We were in court to watch our barristers, David Wolfe KC and Barney McCay, argue that the rejected three grounds (3 - 5 below) should be reinstated alongside the two for which permission has already been granted.
Here are the grounds:
Acted in breach of the requirements of basic fairness and its statutory duties (including under the Local Government Act 1972) by failing to publish, ahead of the committee meeting at which the application was considered, key documents on which the defendant relied in carrying out its habitats regulations assessment and on which officers relied in recommending the grant of permission.
Failed to consider the effects of the development on the Aberath - Carreg Wylan SSSI and thereby failed to apply materially relevant national policy and to determine the application in accordance with the development plan.
Breached the requirements of the Habitats Regulations, and/or acted otherwise irrationally, by failing to impose conditions on the permission that secured mitigation measures which the defendant had itself considered necessary to ensure (as was needed for a lawful permission) that the integrity of a protected site would not be adversely affected.
Breached the requirements of the Habitats Regulations, and/or failed to provide adequate reasons, by granting the permission in circumstances where the defendant had itself recognised in its habitats regulations assessment that there remained a risk (the effect of which was that permission could not lawfully be granted) that the development might adversely affect a qualifying feature of a protected site (the local grey seal population).
Breached the requirements of the Habitats Regulations, and/or acted otherwise irrationally, and/or failed to give any or any adequate reasons, by concluding that the immediate adverse effects of increased recreational activity on a qualifying feature of a protected site (the seal population) could, in effect, be set off against the (unidentified) long-term benefits of tourism for the site as a whole
Justice Eyre came into court and immediately said that he would give permission on Grounds 3 and 4 but needed convincing on Ground 5. A few minutes later he gave permission. There followed some discussion on scheduling and we now know that we will be in court in Haverfordwest on 18-19 June.
Do you live in central Leeds, Sheffield or Birmingham?: we are putting together small teams of volunteers in Sheffield and Leeds to deliver leaflets, and maybe put up posters, to increase sign-up to our 'Ban driven grouse shooting' petition. Sheffield is a hot-spot for signatures, Leeds is a cool spot. Also we are working with our friends in a group called Team4Nature to promote the petition and their campaign for birds of prey in central Birmingham too. If you live in any of those three areas and could lend a hand then please let us know.
Advertisements in Private Eye: the next issue of Private Eye (21 March - 3 April) will contain an advertisement, a cartoon, highlighting the ridiculously high numbers of non-native gamebirds released into the UK countryside.
Wild Justice depends on donations to do our work. You can donate through PayPal, bank transfer or a cheque in the post - see details here. You are our source of funding and a donation today would also feel like a vote of confidence in what we are doing. If you are a new subscriber to this newsletter then please consider donating a fiver - we'd be very grateful if you did.
Thank you.
Wild Justice (Directors: Mark Avery, Chris Packham and Ruth Tingay).
This is the 232nd Wild Justice newsletter.
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