Wealden District Council v Secretary of State for Communities and Local Government & Anor [2016] EWHC 247 (Admin) (17 February 2016)

Wealden District Council v Secretary of State for Communities and Local Government & Anor [2016] EWHC 247 (Admin) (17 February 2016)

The Inspector made a material factual error in assuming that SAMMS contributions would mitigate nitrogen deposition on Ashdown Forest SAC, when in fact the evidence showed that SAMMS projects were directed at recreational impacts and not at nitrogen mitigation. There was no defined or agreed scheme for heathland management to address nitrogen deposition, and the Inspector failed to properly consider the Council's evidence on the inadequacy of such mitigation. This mistake of fact and failure to address relevant evidence amounted to an error of law, requiring the decision to be quashed.

Citation
[2016] EWHC 247 (Admin)
Parties
Claimant: Wealden District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Knight Developments Limited
Jurisdiction
England and Wales
Judgment Date
17 February 2016
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim allowed; Inspector's decision quashed.
Legal Topics
Habitats Regulations Assessment, Nitrogen Deposition, Appropriate Assessment, National Planning Policy Framework (nppf), Alternative Sites Analysis, Adequacy of Reasons, Judicial Review Standards, Section 106 Agreements
Planning Law Environmental Law Administrative Law EU Law Habitats Regulations Assessment Nitrogen Deposition Appropriate Assessment National Planning Policy Framework (nppf) +4 more

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Parties

Wealden District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Knight Developments Limited

Second Defendant

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in concluding that the proposed development would have no significant effect on Ashdown Forest SAC due to nitrogen deposition and that mitigation via SAMMS contributions was effective;
  2. 2 Whether the Inspector erred in his consideration of alternative sites under NPPF 116;
  3. 3 Whether the Inspector gave adequate reasons for his findings on the above issues.

Ratio Decidendi

The Inspector made a material factual error in assuming that SAMMS contributions would mitigate nitrogen deposition on Ashdown Forest SAC, when in fact the evidence showed that SAMMS projects were directed at recreational impacts and not at nitrogen mitigation. There was no defined or agreed scheme for heathland management to address nitrogen deposition, and the Inspector failed to properly consider the Council's evidence on the inadequacy of such mitigation. This mistake of fact and failure to address relevant evidence amounted to an error of law, requiring the decision to be quashed.

Court Disposition

Claim allowed; Inspector's decision quashed.

Orders

  • The decision of the Inspector dated 16 July 2015 is quashed.
  • Matter remitted for redetermination in accordance with the law.