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Planning and Nature Conservation: Law in the service of Biodiversity?

Lookup NU author(s): Emeritus Professor Christopher Rodgers


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The legal regime for protecting wildlife sites in the UK is founded in the general principles of property law. The earliest statutory measures in this field, such as the 1949 Act, were primarily based in planning law. The emergence of a discrete body of “nature conservation law” is a development of more recent provenance, in which the passing of the Wildlife and Countryside Act 1981 is of central importance (Rodgers, 1996). The changes introduced in the Wildlife and Countryside Act 1981 placed greater emphasis on the role of the landowner in conservation law, and reinforced the key role he plays in delivering nature conservation in protected sites. The “command and control” approach to environmental regulation is not appropriate in the law of nature conservation. The principal reason for the development of a distinctive approach in matters of nature conservation lie in the basic tenets of English Property Law. This paper examiners the different legal regimes brought to bear on land management to ensure adequate protection of both SSSIs and European Wildlife sites, and questions the need for a more radical appraoch to site protection and the law. starting point for any

Publication metadata

Author(s): Rodgers CP

Editor(s): Miller, C;

Publication type: Book Chapter

Publication status: Published

Book Title: Planning and Environmental Protection: : A Review of Law and Policy

Year: 2001

Pages: 91-115

Publisher: Hart Publishing

Place Published: Oxford, UK: Portland, Oregon, USA.

Library holdings: Search Newcastle University Library for this item

ISBN: 9781841131818