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Title:
Vellinge Ängar
Party:
Sweden
Region:
Europe
Type of document:
National - higher court
Date of text:
January 22, 2014
Data source:
InforMEA
Court name:
Mark- och miljööverdomstolen
Seat of court:
Stockholm
Reference number:
P02823-13
ECOLEX subject(s):
Wild species & ecosystems
Legal questions
Abstract:

The case concerned the adoption of a local plan in Vellinge municipality. During the initial investigations, the municipality determined that the local plan would not risk substantial environmental impact, and an environmental impact assessment was not conducted.

Close to the area of the local plan, was a Natura 2000 site, providing habitat for the European green toad. Artdatabanken (the Swedish Species Information Centre working with information on biodiversity in Sweden) had listed the European green toad as critically endangered on its red list. Studies presented in the case showed that there was a substantial risk that the habitat of the European green toad could be damaged or destroyed by actions in the area.

Many of the adversaries in the case meant that the material used as a basis for the local plan was insufficient and that the decision should therefore be reversed. Also the Land and Environment Court of Appeal agreed that the lack of an environmental impact assessment was such a substantial deficiency that the decision could be reversed.

Finally, the Land and Environment Court of Appeal concluded that since no environmental impact assessment had been made, and there was a substantial risk of damage to the habitat of the European green toad, the decision of the municipality to adopt the local plan would be reversed.

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