R (Morge) v Hampshire County Council [2011] UKSC 2
Morge is a leading Supreme Court case on European protected species and the role of a planning authority when development may affect protected bats.
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- Neutral citation
- [2011] UKSC 2; [2011] 1 WLR 268; [2011] PTSR 337
- Court
- Supreme Court of the United Kingdom
- Judgment date
- 19th January 2011
- Judge
- Lord Walker, Lady Hale, Lord Brown, Lord Mance and Lord Kerr
- Case number
- UKSC 2010/0120
The case concerned protected bats and a busway
Hampshire County Council granted planning permission for a rapid bus route between Fareham and Gosport. The route followed a former railway corridor used by several species of European protected bats.
The challenge raised both the meaning of prohibited deliberate disturbance under the Habitats Directive and the extent of the planning authority’s duty to have regard to the Directive.
Planning and the protected-species licensing regime
The Supreme Court rejected the proposition that the planning authority must itself perform the role of the species-licensing authority. However, the authority cannot simply ignore the protected-species regime.
The practical question is whether the development is likely to offend a relevant prohibition and, if it is, whether the activity is likely to be licensed. Natural England’s position can therefore be highly relevant to the planning authority’s assessment.
Disturbance is concerned with the protected species
The Court also clarified that the prohibition on deliberate disturbance protects species rather than merely individual specimens. The nature and extent of the negative impact must be assessed; disturbance during breeding, rearing, hibernation or migration may be especially significant.
Read the judgment
The official Supreme Court case page contains the judgment and press summary: Morge v Hampshire County Council.
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Morge Case Law Page Updated: 11th September 2026