NRS Saredon Aggregates Limited v The Secretary of State for Levelling Up, Housing and Communities & Anor

NRS Saredon Aggregates Limited v The Secretary of State for Levelling Up, Housing and Communities & Anor

The Inspector erred in law by reducing the weight attached 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 the decision must be quashed.

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
11 October 2024
Procedural Posture
Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Judicial Review
Outcome
Claim allowed in part; decision quashed
Legal Topics
Green Belt Policy, Biodiversity Net Gain, Development Plan Compliance, Statutory Interpretation, Planning Permission Appeals
Planning Law Administrative Law Environmental Law Green Belt Policy Biodiversity Net Gain Development Plan Compliance Statutory Interpretation Planning Permission Appeals

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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 / Judgment on Judicial Review

Legal Issues

  1. 1 Did the Inspector err in law in the approach to the weight attached to biodiversity net gain?
  2. 2 Did the Inspector fail 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 attached 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 the decision must be quashed.

Court Disposition

Claim allowed in part; decision quashed

Orders

  • The Inspector's decision is quashed.