Wealden District Council v Secretary of State for Communities And Local Government & Ors

Wealden District Council v Secretary of State for Communities And Local Government & Ors

The court held that the JCS was adopted unlawfully as the Habitats Regulations Assessment (HRA) failed to properly aggregate the AADT figures from both the JCS and the WCS, resulting in a cumulative traffic flow above the 1,000 AADT threshold. Natural England's advice that the threshold was sufficiently precautionary to cover in-combination effects was plainly erroneous. The failure to conduct a proper in-combination assessment was a breach of Article 6(3) of the Habitats Directive and Regulation 102. The challenge to LDC's adoption was out of time, but the challenge to SDNPA's adoption was in time, and the court quashed policies SP1 and SP2 of the JCS as they apply to SDNPA.

Parties
Claimant: Wealden District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Lewes District Council; Third Defendant: South Downs National Park Authority; Interested Party: Natural England
Jurisdiction
England and Wales
Judgment Date
20 March 2017
Procedural Posture
Statutory Review Under Section 113 of the Planning and Compulsory Purchase Act 2004 / Judgment After Full Hearing
Outcome
Claim allowed in part; policies SP1 and SP2 of the JCS quashed as they apply to SDNPA; challenge to LDC out of time; costs orders as specified.
Legal Topics
Habitats Directive, Appropriate Assessment, Development Plan Documents, Judicial Review, Statutory Time Limits
Planning Law Environmental Law Administrative Law Habitats Directive Appropriate Assessment Development Plan Documents Judicial Review Statutory Time Limits

Case Brief

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Parties

Wealden District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Lewes District Council

Second Defendant

South Downs National Park Authority

Third Defendant

Natural England

Interested Party

Procedural Posture

Statutory Review Under Section 113 of the Planning and Compulsory Purchase Act 2004 / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Lewes District Local Plan Part 1 Joint Core Strategy 2010-2030 (JCS) was adopted unlawfully due to failure to properly assess in-combination effects on Ashdown Forest Special Area of Conservation (SAC) as required by Article 6(3) of the Habitats Directive and Regulation 102 of the Conservation of Habitats and Species Regulations 2010
  2. 2 Whether the statutory time limit for challenge under section 113 of the Planning and Compulsory Purchase Act 2004 was met
  3. 3 Whether reliance on Natural England's advice regarding the 1,000 AADT threshold for traffic flows was legally erroneous

Ratio Decidendi

The court held that the JCS was adopted unlawfully as the Habitats Regulations Assessment (HRA) failed to properly aggregate the AADT figures from both the JCS and the WCS, resulting in a cumulative traffic flow above the 1,000 AADT threshold. Natural England's advice that the threshold was sufficiently precautionary to cover in-combination effects was plainly erroneous. The failure to conduct a proper in-combination assessment was a breach of Article 6(3) of the Habitats Directive and Regulation 102. The challenge to LDC's adoption was out of time, but the challenge to SDNPA's adoption was in time, and the court quashed policies SP1 and SP2 of the JCS as they apply to SDNPA.

Court Disposition

Claim allowed in part; policies SP1 and SP2 of the JCS quashed as they apply to SDNPA; challenge to LDC out of time; costs orders as specified.

Orders

  • Policies SP1 and SP2 of the Lewes District Local Plan Part 1 Joint Core Strategy 2010-2030 are quashed to the extent that they form part of the Development Plan for the Third Defendant’s (SDNPA) administrative area.
  • The First and Third Defendants (SSCLG and SDNPA) shall each pay 50% of the Claimant’s costs referable to the claims against those Defendants, to be assessed if not agreed.