Hart District Council, R (on the application of) v Secretary of State for Communities & Local Government & Ors

Hart District Council, R (on the application of) v Secretary of State for Communities & Local Government & Ors

There is no legal requirement that a screening assessment under Regulation 48(1) must be carried out in the absence of mitigation measures that form part of a plan or project. The competent authority is required to consider whether the project, as a whole, including such measures, is likely to have a significant effect on the SPA. If satisfied, on objective information, that there is no likely significant effect, no appropriate assessment is required. The Secretary of State lawfully preferred Natural England's expert view, properly considered material considerations, and acted within her discretion regarding housing land supply and planning conditions.

Parties
Claimant: Hart District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Luckmore Limited; Third Defendant: Barratt Homes Limited; First Interested Party: Taylor Wimpey Developments Limited; Second Interested Party: Natural England
Jurisdiction
England and Wales
Judgment Date
01 May 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Habitats Directive, Appropriate Assessment, Planning Permission, Environmental Impact, Judicial Review, Housing Land Supply, Planning Conditions
Planning Law Environmental Law Administrative Law Habitats Directive Appropriate Assessment Planning Permission Environmental Impact Judicial Review +2 more

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Parties

Hart District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Luckmore Limited

Second Defendant

Barratt Homes Limited

Third Defendant

Taylor Wimpey Developments Limited

First Interested Party

Natural England

Second Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether mitigation measures can be considered at the screening stage under Regulation 48(1) of the Conservation (Natural Habitats &c.) Regulations 1994
  2. 2 Whether the Secretary of State erred in law by not requiring an appropriate assessment for the proposed development's effect on the SPA
  3. 3 Whether the Secretary of State failed to consider material considerations including the Inspector's report and the Technical Assessor's report

Ratio Decidendi

There is no legal requirement that a screening assessment under Regulation 48(1) must be carried out in the absence of mitigation measures that form part of a plan or project. The competent authority is required to consider whether the project, as a whole, including such measures, is likely to have a significant effect on the SPA. If satisfied, on objective information, that there is no likely significant effect, no appropriate assessment is required. The Secretary of State lawfully preferred Natural England's expert view, properly considered material considerations, and acted within her discretion regarding housing land supply and planning conditions.

Court Disposition

Claim dismissed

Orders

  • Claimant to pay the first defendant's costs, summarily assessed at £18,441.25
  • Permission to appeal refused