A fresh start for screening under the Habitats Regulations: Case c-323/17 People Over Wind, Peter Sweetman v Coillte Teoranta [2018] Ecr I-244

Abstract

For over twenty-five years, the courts have been delivering judgments that shape and refine the requirements of the Habitats Directive. The recent CJEU judgment of People Over Wind, Peter Sweetman v Coillte Teoranta [2018] ECR I-244 provides further clarification that will keep developers and decision-makers on their toes. In the judgment delivered in April 2018, the sole question for the court was whether, or in what circumstances, mitigation measures can be considered when carrying out screening for appropriate assessment under Article 6(3) of the Habitats Directive? The court’s response to this question is significant. In a confident judgment, it was held that mitigation measures cannot be considered when carrying out screening for appropriate assessment. This case note provides a detailed overview of the judgment, followed by an analysis of the extent to which the decision is consistent with existing case law authority in England. Finally, this commentary concludes with a consideration of the potential implications that the ruling may have on developers and decision-makers.