An appellant whose plans to build a house within 400m of the Thames Basin Heaths Special Protection Area have been thwarted due to the presence of protected birds in the SPA has claimed the country’s impending departure from the European Union in support of the proposal (DCS Number 400-013-119).
The inspector was not persuaded by the argument, however:
“The appellant has referred to the Government’s commitment to leave the European Union following the referendum held on 23 June 2016, and argues that this lessens the force of the EU Directive.” [Council Directive 2009/147/EC on the Conservation of Wild Birds]. “However, there is no indication at this time that the Government intends to abandon or reduce the level of protection offered to rare birds in the UK, and therefore I can afford this argument very little weight.”
The feathers of the nightjar, Dartford warbler and woodlark can remain unruffled.
The following DCP chapter is relevant: 4.169