Wadhurst Parish Council v Secretary of State for Housing, Communities and Local Government & Ors

Wadhurst Parish Council v Secretary of State for Housing, Communities and Local Government & Ors

The inspector properly identified and applied the statutory duty under section 85(A1) of the 2000 Act, gave adequate reasons for his conclusion that the proposed development would not harm the natural beauty of the AONB, and properly considered the relevant management plan and policies. There is no substantial doubt as to his compliance with the statutory duty or understanding of the management plan. The claim is dismissed.

Parties
Claimant: Wadhurst Parish Council; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Wealden District Council; Third Defendant: Elite Leisure (Solomans UK) Limited
Jurisdiction
England and Wales
Judgment Date
07 September 2025
Procedural Posture
Judicial Review (statutory Planning Challenge) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Duty Under Countryside and Rights of Way Act 2000 Section 85(a1), Interpretation of AONB Management Plans, Planning Permission Appeals, National Planning Policy Framework Application
Administrative Law Planning Law Environmental Law Statutory Duty Under Countryside and Rights of Way Act 2000 Section 85(a1) Interpretation of AONB Management Plans Planning Permission Appeals National Planning Policy Framework Application

Case Brief

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Parties

Wadhurst Parish Council

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Wealden District Council

Second Defendant

Elite Leisure (Solomans UK) Limited

Third Defendant

Procedural Posture

Judicial Review (statutory Planning Challenge) / Final Judgment

Legal Issues

  1. 1 Whether the planning inspector erred in law in discharging the strengthened statutory duty under section 85(A1) of the Countryside and Rights of Way Act 2000 to seek to further the purpose of conserving and enhancing the natural beauty of the AONB
  2. 2 Whether the inspector failed to have proper regard to or misunderstood the High Weald AONB Management Plan 2024-2029

Ratio Decidendi

The inspector properly identified and applied the statutory duty under section 85(A1) of the 2000 Act, gave adequate reasons for his conclusion that the proposed development would not harm the natural beauty of the AONB, and properly considered the relevant management plan and policies. There is no substantial doubt as to his compliance with the statutory duty or understanding of the management plan. The claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.