ENVIRONMENTAL JUSTICE R (on the application of Michael Willams) v Secretary of State for Energy and Climate Change and RWE Innogy UK Limited

摘要

Environmental judicial review where EC Directive engaged- making a challenge to a decision in time Judicial review and similar statutory challenges to planning decisions need to be made within 6 weeks of the decision being made. However, there are some subtle differences depending on the kind of regime which applies. In this case the Claimant, Mr Michael Williams, had launched a judicial review of the Secretary of State for Energy and Climate Change's decision to approve a major wind farm of 32 turbines close to his home at Clocaenog Forest in North Wales under the Planning Act 2008. He argued at trial that the Secretary of State failed to comply with Council Directive 92/43/EEC ("the Habitats Directive") and the Conservation of Habitats and Species Regulations 2010 ("the Habitats Regulations").