Weston Homes Plc, R (On the Application Of) v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 2089 (Admin) (07 August 2024)

Weston Homes Plc, R (On the Application Of) v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 2089 (Admin) (07 August 2024)

The Inspector did not err in law in his assessment of biodiversity net gain, gave legally adequate reasons for differing from the previous Inspector regarding ancient woodland, did not breach procedural fairness, lawfully assessed heritage and public benefits, and provided adequate reasons for his decision. The grounds of challenge were dismissed.

Citation
[2024] EWHC 2089 (Admin)
Parties
Claimant: Weston Homes plc; 1st Defendant: Secretary of State for Levelling Up, Housing and Communities; 2nd Defendant: Uttlesford District Council
Jurisdiction
England and Wales
Judgment Date
07 August 2024
Procedural Posture
Statutory Review Under S.288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Section 62 a Applications, Planning Permission, Statutory Review, Procedural Fairness, Heritage Assets, Housing Land Supply, Biodiversity Net Gain, Ancient Woodland Protection
Planning Law Administrative Law Judicial Review Section 62 a Applications Planning Permission Statutory Review Procedural Fairness Heritage Assets +3 more

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Parties

Weston Homes plc

Claimant

Secretary of State for Levelling Up, Housing and Communities

1st Defendant

Uttlesford District Council

2nd Defendant

Procedural Posture

Statutory Review Under S.288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in assessing biodiversity net gain (BNG) and its weight in the planning balance
  2. 2 Whether the Inspector gave legally adequate reasons for differing from a previous Inspector's findings regarding ancient woodland
  3. 3 Whether the Inspector breached procedural fairness by raising points not previously aired

Ratio Decidendi

The Inspector did not err in law in his assessment of biodiversity net gain, gave legally adequate reasons for differing from the previous Inspector regarding ancient woodland, did not breach procedural fairness, lawfully assessed heritage and public benefits, and provided adequate reasons for his decision. The grounds of challenge were dismissed.

Court Disposition

Claim dismissed

Orders

  • Application for statutory review under s.288 TCPA 1990 refused
  • No order as to costs against the 2nd Defendant, who did not appear