Abbotskerswell Parish Council v Teignbridge District Council & Anor [2014] EWHC 4166 (Admin) (16 December 2014)

Abbotskerswell Parish Council v Teignbridge District Council & Anor [2014] EWHC 4166 (Admin) (16 December 2014)

The Council lawfully exercised its judgment in adopting the Local Plan, having complied with the Habitats Directive and Regulations, undertaken appropriate assessments, and incorporated mitigation measures. The Inspector's reasons were adequate, and any procedural failing in SEA consultation did not cause substantial prejudice to the Claimant.

Citation
[2014] EWHC 4166 (Admin)
Parties
Claimant: Abbotskerswell Parish Council; First Defendant: Teignbridge District Council; Second Defendant: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
16 December 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Habitats Directive Compliance, Local Plan Adoption, Appropriate Assessment, Judicial Review Standard, Strategic Environmental Assessment, Protected Species Mitigation
Planning Law Environmental Law Administrative Law European Union Law Habitats Directive Compliance Local Plan Adoption Appropriate Assessment Judicial Review Standard +2 more

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Parties

Abbotskerswell Parish Council

Claimant

Teignbridge District Council

First Defendant

Secretary of State for Communities and Local Government

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Teignbridge Local Plan was adopted in breach of the Habitats Directive and the Conservation of Habitats and Species Regulations 2010
  2. 2 Whether the Inspector failed to give adequate reasons for his conclusions
  3. 3 Whether there was a failure to comply with consultation requirements for the Strategic Environmental Assessment

Ratio Decidendi

The Council lawfully exercised its judgment in adopting the Local Plan, having complied with the Habitats Directive and Regulations, undertaken appropriate assessments, and incorporated mitigation measures. The Inspector's reasons were adequate, and any procedural failing in SEA consultation did not cause substantial prejudice to the Claimant.

Court Disposition

Claim dismissed