Campaign for the Protection Of Rural England, Kent Branch, R (On the Application Of) v Secretary Of State For Housing Communities And Local Government [2025] EWHC 1781 (Admin) (20 June 2025)

Campaign for the Protection Of Rural England, Kent Branch, R (On the Application Of) v Secretary Of State For Housing Communities And Local Government [2025] EWHC 1781 (Admin) (20 June 2025)

Section 85(A1) imposes a qualified duty requiring relevant authorities to seek to further the purpose of conserving and enhancing AONB, but does not mandate refusal of planning permission for all development causing harm; planning decisions remain evaluative, balancing harm and benefits. The Secretary of State gave proper, adequate, and intelligible reasons for compliance with the duty.

Citation
[2025] EWHC 1781 (Admin)
Parties
Claimant: Campaign for the Protection of Rural England, Kent Branch; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Tunbridge Wells Borough Council; Third Defendant: Berkeley Homes (Eastern Counties) Limited; Intervenor: Campaign for National Parks
Jurisdiction
England and Wales
Judgment Date
20 June 2025
Procedural Posture
Judicial Review (statutory Challenge Under S.288 Town and Country Planning Act 1990) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Interpretation, Areas of Outstanding Natural Beauty (aonb), Planning Permission, Section 85(a1) Countryside and Rights of Way Act 2000, National Planning Policy Framework (nppf), Development Plan Compliance
Administrative Law Planning Law Environmental Law Statutory Interpretation Areas of Outstanding Natural Beauty (aonb) Planning Permission Section 85(a1) Countryside and Rights of Way Act 2000 National Planning Policy Framework (nppf) +1 more

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Parties

Campaign for the Protection of Rural England, Kent Branch

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Tunbridge Wells Borough Council

Second Defendant

Berkeley Homes (Eastern Counties) Limited

Third Defendant

Campaign for National Parks

Intervenor

Procedural Posture

Judicial Review (statutory Challenge Under S.288 Town and Country Planning Act 1990) / Final Judgment

Legal Issues

  1. 1 Whether section 85(A1) of the Countryside and Rights of Way Act 2000 requires refusal of planning permission for development causing harm to AONB
  2. 2 Whether the Secretary of State gave adequate reasons for compliance with section 85(A1) duty

Ratio Decidendi

Section 85(A1) imposes a qualified duty requiring relevant authorities to seek to further the purpose of conserving and enhancing AONB, but does not mandate refusal of planning permission for all development causing harm; planning decisions remain evaluative, balancing harm and benefits. The Secretary of State gave proper, adequate, and intelligible reasons for compliance with the duty.

Court Disposition

Claim dismissed

Orders

  • Application under section 288 Town and Country Planning Act 1990 refused
  • Planning permission remains valid