Permission to appeal has been granted on four grounds, the first three of which raise questions about whether the advice note complies with the obligations contained in Articles 6(2) and 6(3) of the Habitats Directive and the last of which concerns the lawfulness of the section 38(6) exercise undertaken by the case officer in this case.  

The Court of Appeal has directed that the appeal be expedited.  

Gregory Jones QC and Conor Fegan are instructed by Linda Felton of Fortune Green Legal Practice on behalf of the Appellant.