Abbotskerswell Parish Council v Teignbridge District Council & Anor

Abbotskerswell Parish Council v Teignbridge District Council & Anor

The Council and Inspector lawfully exercised their planning judgment in concluding that the Local Plan provided sufficient protection for the Greater Horseshoe Bat and complied with the Habitats Directive and Regulations. The assessments and mitigation measures were adequate, and the Inspector's reasons were sufficient. The procedural failing in consultation on the Strategic Environmental Assessment did not cause substantial prejudice to the Claimant, so there was no basis to quash the Local Plan.

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, Consultation Requirements, Strategic Environmental Assessment
Environmental Law Planning Law Administrative Law Habitats Directive Compliance Local Plan Adoption Appropriate Assessment Judicial Review Standard Consultation Requirements +1 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 and Inspector lawfully exercised their planning judgment in concluding that the Local Plan provided sufficient protection for the Greater Horseshoe Bat and complied with the Habitats Directive and Regulations. The assessments and mitigation measures were adequate, and the Inspector's reasons were sufficient. The procedural failing in consultation on the Strategic Environmental Assessment did not cause substantial prejudice to the Claimant, so there was no basis to quash the Local Plan.

Court Disposition

Claim dismissed