Question
As a result of the sharp decline in the number of hedgehogs in the UK since the 1970s, Parliament adopts the (fictional) Protection of Wildlife
As a result of the sharp decline in the number of hedgehogs in the UK since the 1970s, Parliament adopts the (fictional) Protection of Wildlife Act 2020. The Act empowers local authorities to require planning permission for the building of new roads and building developments to protect the local hedgehog population and to conduct environmental impact assessments. Any planning permission refusal may be appealed to an independent Board set up by the local authorities. Local authorities are also given powers to designate land for conservation. The (fictional) Protection of Wildlife Act 2020 sets out that local authorities must consult the general public for six weeks before designating land for this purpose.
Charlotte owns land near the River Avon and runs a popular pub with a large terrace overlooking the river. She has been planning to expand her business for some time. In January 2021, she applies to Bristol City Council for planning permission to build an extension to her pub by the riverbank. Peter, Charlotte's neighbour, writes to the Council to oppose the application as the development will obstruct his view of the river. The Council undertakes an environmental impact assessment of the proposed project. The Council inspector identifies that there is a risk of rising water levels along the River Avon. Accordingly, Charlotte's application is refused on 20 March 2021. She appeals the decision to the Planning Appeal Board set up by Bristol City Council. She would like to challenge the environmental impact assessment, but the Board's appeal procedure is limited to written submissions only and the deadline to appeal is two days. The Planning Appeal Board is made up of one environmental expert, one economist and Peter, who is a planning expert. The Planning Appeal Board refuses Charlotte's appeal.
The Council intends to designate Leigh Woods by the River Avon as a Conservation Area to protect the hedgehog population. A consultation is held between 15 February to 15 March 2021. On 17 March 2021, the Council goes ahead with designating Leigh Woods a conservation area and also decides to ban all visitors in order to preserve the falcons. The Clifton Walking Group is concerned that they can no longer organise walks in Leigh Woods to observe the wildlife.
Advise Charlotte and the Clifton Walking Group on any possible judicial review actions.
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