Ashdown Forest Economic Development LLP v Secretary of State for Communities And Local Government & Ors [2014] EWHC 406 (Admin) (21 February 2014)

Ashdown Forest Economic Development LLP v Secretary of State for Communities And Local Government & Ors [2014] EWHC 406 (Admin) (21 February 2014)

The Court held that the adoption of the Core Strategy was lawful. The Inspector's decision to accept a reduced housing requirement was rational and based on proportionate evidence, including environmental constraints and statutory consultee advice. The requirements of the SEA Directive and Environmental Assessment Regulations were met, as reasonable alternatives were assessed and explained. The screening exercise under the Habitats Regulations was lawfully conducted, and no appropriate assessment was required at the housing levels adopted. The 7 km SANG zone policy was justified and lawfully adopted. None of the grounds advanced by the Claimant were made out.

Citation
[2014] EWHC 406 (Admin)
Parties
Claimant: Ashdown Forest Economic Development Llp; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Wealden District Council; Third Defendant: South Downs National Park Authority
Jurisdiction
England and Wales
Judgment Date
21 February 2014
Procedural Posture
Judicial Review (planning) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Development Plan Documents, Habitats Directive, Strategic Environmental Assessment, Judicial Review, Local Plans, Appropriate Assessment, Sustainability Appraisal
Administrative Law Planning Law Environmental Law European Union Law Development Plan Documents Habitats Directive Strategic Environmental Assessment Judicial Review +3 more

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Parties

Ashdown Forest Economic Development Llp

Claimant

Secretary of State for Communities and Local Government

First Defendant

Wealden District Council

Second Defendant

South Downs National Park Authority

Third Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment

Legal Issues

  1. 1 Whether the adoption of the Wealden District Core Strategy Local Plan was unlawful due to irrationality or procedural error in setting the housing requirement.
  2. 2 Whether the requirements of the SEA Directive and Environmental Assessment Regulations were complied with regarding assessment of alternatives and environmental impacts.
  3. 3 Whether the Habitats Directive and Habitats Regulations were breached by failure to carry out an appropriate assessment regarding nitrogen deposition on Ashdown Forest.

Ratio Decidendi

The Court held that the adoption of the Core Strategy was lawful. The Inspector's decision to accept a reduced housing requirement was rational and based on proportionate evidence, including environmental constraints and statutory consultee advice. The requirements of the SEA Directive and Environmental Assessment Regulations were met, as reasonable alternatives were assessed and explained. The screening exercise under the Habitats Regulations was lawfully conducted, and no appropriate assessment was required at the housing levels adopted. The 7 km SANG zone policy was justified and lawfully adopted. None of the grounds advanced by the Claimant were made out.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.
  • No order quashing or remitting the Core Strategy.