Hart District Council, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2008] EWHC 1204 (Admin) (01 May 2008)

Hart District Council, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2008] EWHC 1204 (Admin) (01 May 2008)

The court held that the Secretary of State erred in law by granting planning permission without undertaking an appropriate assessment under Article 6(3) of the Habitats Directive and Regulation 48. The Secretary of State was not entitled to conclude, in the absence of objective evidence, that the provision of SANGS would avoid any likely significant effect on the SPA. The Secretary of State failed to consider material considerations, including the Inspector's findings and the Technical Assessor's report, and gave determinative weight to Natural England's advice without independent evaluation. The decision was therefore quashed.

Citation
[2008] EWHC 1204 (Admin)
Parties
Claimant: Hart District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Luckmore Limited; Third Defendant: Barratt Homes Limited; First Interested Party: Taylor Wimpey Developments Limited; Second Interested Party: Natural England
Jurisdiction
England and Wales
Judgment Date
01 May 2008
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Claim allowed; decision quashed
Legal Topics
Appropriate Assessment, Habitats Directive, Special Protection Areas, Mitigation Measures, Judicial Review, Planning Permission
Planning Law Environmental Law Administrative Law European Union Law Appropriate Assessment Habitats Directive Special Protection Areas Mitigation Measures +2 more

Case Brief

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Parties

Hart District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Luckmore Limited

Second Defendant

Barratt Homes Limited

Third Defendant

Taylor Wimpey Developments Limited

First Interested Party

Natural England

Second Interested Party

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State erred in law by granting planning permission without undertaking an appropriate assessment under Article 6(3) of the Habitats Directive and Regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994
  2. 2 Whether the provision of Suitable Alternative Natural Greenspace (SANGS) lawfully avoids the need for appropriate assessment
  3. 3 Whether the Secretary of State failed to consider material considerations, including the Inspector's findings and new evidence

Ratio Decidendi

The court held that the Secretary of State erred in law by granting planning permission without undertaking an appropriate assessment under Article 6(3) of the Habitats Directive and Regulation 48. The Secretary of State was not entitled to conclude, in the absence of objective evidence, that the provision of SANGS would avoid any likely significant effect on the SPA. The Secretary of State failed to consider material considerations, including the Inspector's findings and the Technical Assessor's report, and gave determinative weight to Natural England's advice without independent evaluation. The decision was therefore quashed.

Court Disposition

Claim allowed; decision quashed

Orders

  • The decision of the Secretary of State dated 24 July 2007 granting planning permission is quashed.
  • The matter is remitted for reconsideration in accordance with the law.