Wealden District Council v Secretary of State for Communities And Local Government & Ors [2017] EWHC 351 (Admin) (20 March 2017)

Wealden District Council v Secretary of State for Communities And Local Government & Ors [2017] EWHC 351 (Admin) (20 March 2017)

The court held that the plan-making authorities failed to lawfully assess in-combination effects as required by Article 6(3) of the Habitats Directive and the Habitats Regulations. The authorities relied on Natural England's advice, which was based on an erroneous assumption that the 1,000 AADT threshold inherently accounted for in-combination effects, without actually aggregating the relevant data from both plans. This constituted a legal error. However, the challenge was out of time regarding Lewes District Council's adoption but was in time for South Downs National Park Authority's adoption. The court quashed the Joint Core Strategy as it applied to the South Downs National Park...

Citation
[2017] EWHC 351 (Admin)
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 / High Court Judgment (queen's Bench Division, Planning Court)
Outcome
Claim allowed in part; Joint Core Strategy quashed as it applies to South Downs National Park Authority; challenge to Lewes District Council's adoption dismissed as out of time.
Legal Topics
Habitats Directive Compliance, Appropriate Assessment, Development Plan Adoption, In Combination Effects, Statutory Time Limits, Judicial Review of Planning Decisions
Administrative Law Planning Law Environmental Law Habitats Directive Compliance Appropriate Assessment Development Plan Adoption In Combination Effects Statutory Time Limits +1 more

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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 / High Court Judgment (queen's Bench Division, Planning Court)

Legal Issues

  1. 1 Whether the Lewes District Local Plan Part 1 (Joint Core Strategy) was lawfully adopted in light of the requirements of Article 6(3) of the Habitats Directive and the Habitats Regulations, specifically regarding in-combination effects on Ashdown Forest SAC;
  2. 2 Whether the statutory review was brought within the time limits prescribed by section 113 of the Planning and Compulsory Purchase Act 2004;
  3. 3 Whether the examining Inspector and plan-making authorities properly considered representations and complied with procedural requirements.

Ratio Decidendi

The court held that the plan-making authorities failed to lawfully assess in-combination effects as required by Article 6(3) of the Habitats Directive and the Habitats Regulations. The authorities relied on Natural England's advice, which was based on an erroneous assumption that the 1,000 AADT threshold inherently accounted for in-combination effects, without actually aggregating the relevant data from both plans. This constituted a legal error. However, the challenge was out of time regarding Lewes District Council's adoption but was in time for South Downs National Park Authority's adoption. The court quashed the Joint Core Strategy as it applied to the South Downs National Park...

Court Disposition

Claim allowed in part; Joint Core Strategy quashed as it applies to South Downs National Park Authority; challenge to Lewes District Council's adoption dismissed as out of time.

Orders

  • The Joint Core Strategy is quashed as it applies to the South Downs National Park Authority.
  • No order as to costs against Lewes District Council due to the claim being out of time.