NRS Saredon Aggregates Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 2795 (Admin) (16 November 2023)

NRS Saredon Aggregates Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 2795 (Admin) (16 November 2023)

The Inspector erred in law by reducing the weight attributed to biodiversity net gain on the mistaken basis that forthcoming legislative requirements would apply to the development, thereby exercising planning judgment on an incorrect legal basis. This error was material and may have affected the outcome, given the...

Source-derived case information.

Citation
[2023] EWHC 2795 (Admin)
Parties
Claimant: NRS Saredon Aggregates Limited; First Defendant: The Secretary Of State For Levelling Up, Housing And Communities; Second Defendant: Worcestershire County Council; Interested Party: Stop The Quarry Campaign
Jurisdiction
England and Wales
Judgment Date
16 November 2023
Procedural Posture
Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment on Judicial Review of Planning Inspector's Decision
Outcome
Claim allowed; Inspector's decision quashed
Legal Topics
Green Belt Policy, Biodiversity Net Gain, Development Plan Compliance, Mineral Extraction, Statutory Interpretation, Judicial Review
Planning Law Administrative Law Environmental Law Green Belt Policy Biodiversity Net Gain Development Plan Compliance Mineral Extraction Statutory Interpretation +1 more

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Summary, issues, holding and outcome

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Parties

NRS Saredon Aggregates Limited

Claimant

The Secretary Of State For Levelling Up, Housing And Communities

First Defendant

Worcestershire County Council

Second Defendant

Stop The Quarry Campaign

Interested Party

Procedural Posture

Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment on Judicial Review of Planning Inspector's Decision

Legal Issues

  1. 1 Whether the Inspector erred in law in attributing weight to biodiversity net gain based on a mistaken understanding of forthcoming legislation
  2. 2 Whether the Inspector failed to comply with the duty under section 38(6) of the Planning and Compulsory Purchase Act 2004 to determine the application in accordance with the development plan

Ratio Decidendi

The Inspector erred in law by reducing the weight attributed to biodiversity net gain on the mistaken basis that forthcoming legislative requirements would apply to the development, thereby exercising planning judgment on an incorrect legal basis. This error was material and may have affected the outcome, given the Inspector described the planning balance as 'very finely balanced.'

Court Disposition

Claim allowed; Inspector's decision quashed

Orders

  • The Inspector's decision of 5 May 2023 is quashed.
  • Matter remitted for redetermination in accordance with the law.