WWF-UK & Ors, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs & Anor [2021] EWHC 1870 (Admin) (07 July 2021)

WWF-UK & Ors, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs & Anor [2021] EWHC 1870 (Admin) (07 July 2021)

The Defendants' obligation under the Consent Order to set out results of site evaluations in DWPPs 'as soon as reasonably practicable' was subject to legitimate consideration of resource constraints and external events. The evidence showed genuine efforts and reasonable prioritisation in the face of unforeseen challenges, and the delays did not amount to a breach of the Consent Order.

Citation
[2021] EWHC 1870 (Admin)
Parties
Applicant / Claimant: WWF-UK; Applicant / Claimant: Angling Trust Limited; Applicant / Claimant: Fish Legal; Respondent / Defendant: Secretary of State for Environment, Food and Rural Affairs; Respondent / Defendant: Environment Agency; Interested Party: Natural England
Jurisdiction
England and Wales
Judgment Date
07 July 2021
Procedural Posture
Judicial Review / Application for Declaration of Breach of Consent Order
Outcome
Application dismissed
Legal Topics
Judicial Review, Consent Orders, Enforcement of Settlement Agreements, Water Framework Directive, Diffuse Water Pollution, Protected Areas, Resource Allocation in Public Bodies
Administrative Law Environmental Law Public Law Judicial Review Consent Orders Enforcement of Settlement Agreements Water Framework Directive Diffuse Water Pollution +2 more

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Parties

WWF-UK

Applicant / Claimant

Angling Trust Limited

Applicant / Claimant

Fish Legal

Applicant / Claimant

Secretary of State for Environment, Food and Rural Affairs

Respondent / Defendant

Environment Agency

Respondent / Defendant

Natural England

Interested Party

Procedural Posture

Judicial Review / Application for Declaration of Breach of Consent Order

Legal Issues

  1. 1 Whether the Defendants breached the Schedule to the Consent Order by failing to set out results of site evaluations in Diffuse Water Pollution Plans (DWPPs) as soon as reasonably practicable
  2. 2 Whether resource constraints and external events justified delays in compliance with the Consent Order

Ratio Decidendi

The Defendants' obligation under the Consent Order to set out results of site evaluations in DWPPs 'as soon as reasonably practicable' was subject to legitimate consideration of resource constraints and external events. The evidence showed genuine efforts and reasonable prioritisation in the face of unforeseen challenges, and the delays did not amount to a breach of the Consent Order.

Court Disposition

Application dismissed

Orders

  • No declaration of breach; Defendants found to have complied with the Consent Order given the circumstances.