New Forest National Park Authority v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 726 (Admin) (27 March 2025)

New Forest National Park Authority v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 726 (Admin) (27 March 2025)

The inspector correctly found conflict with policy DP36 by reference to the cumulative floorspace increase, but was entitled to give that conflict little weight after considering the actual impact on the Park's character and housing mix. The inspector's reasoning demonstrated that the statutory duty under section 11A(1A) of the 1949 Act was discharged, as the development would leave the Park's natural beauty, wildlife, and cultural heritage unharmed. No error of law was established in the inspector's approach or reasoning.

Citation
[2025] EWHC 726 (Admin)
Parties
Claimant: New Forest National Park Authority; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Mr Simon Lillington
Jurisdiction
England and Wales
Judgment Date
27 March 2025
Procedural Posture
Planning Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Substantive Application After Permission Granted
Outcome
Claim dismissed
Legal Topics
Statutory Interpretation, Development Plan Policy, National Parks, Planning Appeals, Judicial Review, Section 288 Challenge, Conservation Duties
Administrative Law Planning Law Environmental Law Statutory Interpretation Development Plan Policy National Parks Planning Appeals Judicial Review +2 more

Case Brief

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Parties

New Forest National Park Authority

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Mr Simon Lillington

Second Defendant

Procedural Posture

Planning Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Substantive Application After Permission Granted

Legal Issues

  1. 1 Whether the inspector misdirected himself on policy DP36 of the New Forest National Park Local Plan 2016-2036
  2. 2 Whether the inspector failed to discharge the enhanced duty under section 11A(1A) of the National Parks and Access to the Countryside Act 1949

Ratio Decidendi

The inspector correctly found conflict with policy DP36 by reference to the cumulative floorspace increase, but was entitled to give that conflict little weight after considering the actual impact on the Park's character and housing mix. The inspector's reasoning demonstrated that the statutory duty under section 11A(1A) of the 1949 Act was discharged, as the development would leave the Park's natural beauty, wildlife, and cultural heritage unharmed. No error of law was established in the inspector's approach or reasoning.

Court Disposition

Claim dismissed

Orders

  • Application under section 288 of the Town and Country Planning Act 1990 refused
  • No quashing of the inspector's decision