AC-2024-CDF-00018 - [2025] EWHC 2249 (Admin)

The Defendant is a competent authority for the purposes of the Habitats Regulations.

By regulation 8 a European Site was defined as including a special area of conservation.

Regulation 63(1(a)), (5), and (6) provided that:

The meaning of the conservation status of a species and of a special area of conservation are defined thus in article 1 of the 1992 Habitats Directive:

The approach to be taken when considering development which could adversely affect an SSSI is set out in these terms in paragraphs 6.4.24 – 6.4.28 of Planning Policy Wales (12^th edition) (“PPW 12”):

“Sites of Special Scientific Interest

6.4.24

SSSIs are of national importance. The Wildlife and Countryside Act 1981 as amended by the Countryside and Rights of Way Act 2000, places a duty on all public bodies, including planning authorities, to take reasonable steps, consistent with the proper exercise of their functions, to further the conservation and enhancement of the features by reason of which a SSSI is of special interest. SSSIs can be damaged by developments within or adjacent to their boundaries, and in some cases, by development some distance away.

6.4.25

Development in a SSSI which is not necessary for the management of the site must be avoided. This is a matter of principle to ensure that these sites can continue to fulfil their role at the heart of resilient ecological networks. What may be necessary for the management of a site will need to be considered on a case by case basis but it is likely to be limited to activities needed to meet its conservation objectives, including restoration and nature recovery, as well as site management infrastructure, natural flood management and other appropriate nature based solutions. There may be desirable interventions in SSSIs relating to public access, active travel, educational projects and other minor development necessary to secure its role as a living landscape. This may include agricultural development, such as new barns, slurry stores required to reduce pollution, barn conversions to support tourism or other alterations or extensions to existing houses or buildings on existing employment sites where effects on the features for which a site has been designated can be considered to be acceptable.

6.4.26

There is a presumption against all other forms of development in a SSSI as a matter of principle and this presumption should be appropriately reflected in development plans and development management decisions. There is also a presumption against development not within a SSSI but likely to damage a SSSI. In such cases, proposals must be carefully assessed to ensure that effects on those nature conservation interests which the designation is intended to protect are clearly understood and development should be refused where there are adverse impacts on the features for which a site has been designated. International and national responsibilities and obligations for conservation should be fully met, and, consistent with the objectives of the designation, statutorily designated sites should be protected from damage and deterioration, with their important features conserved and enhanced and the capacity for restoration demonstrated by and through appropriate management.

6.4.27

In wholly exceptional circumstances and only where development is considered to be appropriate and is not likely to damage a SSSI and there is broad and clear agreement for mitigation and enhancement as part of a development plan should development be proposed. This means that development will be considered unacceptable in the absence of an agreed position in a development plan which indicates that it is acceptable in terms of its effect on the notified features of a SSSI.

6.4.28

Before authorising development outside of a SSSI but likely to damage any of the notified features of a SSSI, planning authorities must give notice of the proposed operations to NRW, and must take its advice into account in deciding whether to grant planning permission and in attaching planning conditions. Where local planning authorities are minded to grant planning permission against the advice of NRW they must notify Welsh Ministers. For the purposes of land use planning proposed SSSIs will be treated in the same way as notified SSSIs.”

The applicable Local Development Plan is the Pembrokeshire Coast National Park Development Plan and policy 11 of that provides that:

“Nationally Protected Sites and Species

(1)

Development likely to have an adverse effect either directly or indirectly on the conservation value of nationally protected sites will only be permitted where it is demonstrated that:

a)

There is no suitable alternative to the proposed development; and

b)

It can be demonstrated that the benefits from the development clearly outweigh the special interest of the site; and

c)Appropriate compensatory measures are secured; or

d)

The proposal contributes to the protection, enhancement or positive management of the site.

(2)

Development likely to have an adverse effect on nationally protected species will only be permitted where it is demonstrated that:

a)

The population range and distribution of the species will not be adversely impacted;

b)

There is no suitable alternative to the proposed development;

c)

The benefits of the development clearly outweigh the adverse impacts on the protected species; and

d)

Appropriate avoidance, mitigation and compensation measures are provided.”