Abbotskerswell Parish Council v Secretary of State for Housing, Communities & Ors

Abbotskerswell Parish Council v Secretary of State for Housing, Communities & Ors

The Secretary of State did not act irrationally or unlawfully in concluding that the environmental information provided was sufficient for the purposes of the EIA Directive and Regulations, nor in relying on conditions and reserved matters to secure mitigation for biodiversity impacts, including Greater Horseshoe Bats. The requirements of regulation 70(3) of the Habitats Regulations 2017 were met, as the decision-maker was entitled to conclude, on the evidence and advice of statutory consultees, that no development likely to adversely affect the integrity of the European site could be carried out under the outline permission. The claim failed on all grounds.

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
Judicial Review (statutory Review Under S.288 TCPA 1990) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment (eia), Habitats Regulations Assessment (hra), Outline Planning Permission, Judicial Review, Climate Change, Biodiversity, Greater Horseshoe Bat Mitigation, Development Plan Compliance
Planning Law Environmental Law Administrative Law Environmental Impact Assessment (eia) Habitats Regulations Assessment (hra) Outline Planning Permission Judicial Review Climate Change +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

Judicial Review (statutory Review Under S.288 TCPA 1990) / Final 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 outline planning permission without sufficient information to assess likely significant effects on biodiversity, particularly Greater Horseshoe Bats, contrary to the EIA Directive.
  3. 3 Whether the Secretary of State breached regulation 70(3) of the Conservation of Habitats and Species Regulations 2017 by granting outline planning permission without being satisfied that no development likely to adversely affect the integrity of a European site could be carried out under the permission.

Ratio Decidendi

The Secretary of State did not act irrationally or unlawfully in concluding that the environmental information provided was sufficient for the purposes of the EIA Directive and Regulations, nor in relying on conditions and reserved matters to secure mitigation for biodiversity impacts, including Greater Horseshoe Bats. The requirements of regulation 70(3) of the Habitats Regulations 2017 were met, as the decision-maker was entitled to conclude, on the evidence and advice of statutory consultees, that no development likely to adversely affect the integrity of the European site could be carried out under the outline permission. The claim failed on all grounds.

Court Disposition

Claim dismissed