§ Mr. MorganTo ask the Secretary of State for the Environment what assessment he has made of the Lappel bank judgment at the European Court of Justice on other development proposals on sites of conservation interest excluded from special protection areas on economic grounds; if he will list all such sites and proposals in the United Kingdom and their status; and if he will make a statement. [37986]
§ Mr. Clappison[holding answer 18 July 1996]: The European Court of Justice's judgment has clarified that member states are not permitted to take account of economic requirements in classifying special protection areas under article 4(1) and 4(2) of Council directive 79/409 and in defining their boundaries. The specific case of Lappel bank is referred back to the House of Lords.
The judgment effectively means that the proposals for economic development must be considered after designation, in the terms of article 6 of the habitats directive.
There are no other unimplemented development proposals for which permission has been granted on sites of conservation interest excluded from special protection areas on economic grounds.