SSSI compatibility with Article 1 of the First Protocol to ECHR (J. Lowther)

Author

Jason Lowther

(case commentary – R (on the Application of Trailer and Marina (Levin) Ltd v Secretary of State for the Environment, Food and Rural Affairs and another [2004] EWCA Civ 1580).

Keywords

Habitats protection; Wildlife and Countryside Act 1981; Countryside Rights of Way Act 2000; ECHR; First Protocol, Article 1.

Abstract

Examines the Court of Appeals decision regrding the compatibility of WCA 1981 as amended by CROWA 2000 with Article 1 of the First Protocol (ECHR). The case represents another example of an unsuccessful challange by a landowner against the provisions of the Acts, designed to protect species and habitats, on the grounds of human rights. Such a decision reiterates the strengh of the legislations to protect Sites of Specific Scientific Interest.

Citation

(2005) 17 Enviromental Law and Management, 24-26.

Paper

SSSI compatibility with Article 1 of the First Protocol to ECHR