Abbotskerswell Parish Council v Secretary of State for Housing, Communities & Ors [2021] EWHC 555 (Admin) (11 March 2021)

Abbotskerswell Parish Council v Secretary of State for Housing, Communities & Ors [2021] EWHC 555 (Admin) (11 March 2021)

The Secretary of State did not err in law in granting outline planning permission. The environmental information provided was sufficient for the purposes of the EIA Directive and Regulations, and the approach of securing further detail at reserved matters stage was lawful and consistent with established case law. The assessment of greenhouse gas emissions and climate change was adequate. The Secretary of State was entitled to conclude, on the evidence and with the mitigation secured by conditions, that there would be no adverse effect on the integrity of the South Hams SAC, and the GHB Mitigation Plan met the requirements of policy NA3(n). The planning judgment and the weight given to the...

Citation
[2021] EWHC 555 (Admin)
Parties
Claimant: Abbotskerswell Parish Council; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Teignbridge District Council; Third Defendants: Antony Rew, Steven Rew and Jill Rew; Fourth Defendant: Torbay and South Devon NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
11 March 2021
Procedural Posture
Statutory Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment, Outline Planning Permission, Habitats Regulations Assessment, Judicial Review, Local Development Plans, Climate Change, Biodiversity, Greater Horseshoe Bat Mitigation
Planning Law Environmental Law Administrative Law Environmental Impact Assessment Outline Planning Permission Habitats Regulations Assessment Judicial Review Local Development Plans +3 more

Case Brief

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Parties

Abbotskerswell Parish Council

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Teignbridge District Council

Second Defendant

Antony Rew, Steven Rew and Jill Rew

Third Defendants

Torbay and South Devon NHS Foundation Trust

Fourth Defendant

Procedural Posture

Statutory Review Under 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 outline planning permission without adequate assessment of greenhouse gas emissions and climate change impacts under the EIA Directive and Regulations.
  2. 2 Whether the Secretary of State erred in law by granting permission without sufficient information to assess likely significant effects on biodiversity, particularly the Greater Horseshoe Bat, contrary to the EIA Directive.
  3. 3 Whether the Secretary of State breached the Conservation of Habitats and Species Regulations 2017 by granting outline permission without being satisfied that no development likely to adversely affect the integrity of a European site could be carried out.

Ratio Decidendi

The Secretary of State did not err in law in granting outline planning permission. The environmental information provided was sufficient for the purposes of the EIA Directive and Regulations, and the approach of securing further detail at reserved matters stage was lawful and consistent with established case law. The assessment of greenhouse gas emissions and climate change was adequate. The Secretary of State was entitled to conclude, on the evidence and with the mitigation secured by conditions, that there would be no adverse effect on the integrity of the South Hams SAC, and the GHB Mitigation Plan met the requirements of policy NA3(n). The planning judgment and the weight given to the...

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review/statutory review is dismissed.
  • No order quashing the Secretary of State's decision or the grant of outline planning permission.