New Forest National Park Authority v Secretary of State for Housing, Communities and Local Government & Anor

New Forest National Park Authority v Secretary of State for Housing, Communities and Local Government & Anor

The inspector correctly found conflict with policy DP36, properly assessed the weight to be given to that conflict by reference to the aims and objectives of the Local Plan, and discharged the strengthened statutory duty under section 11A(1A) of the 1949 Act by finding the proposed development would leave the natural beauty, wildlife, and cultural heritage of the National Park unharmed; thus, the claim fails.

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
Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment After Permission and Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Statutory Interpretation, Development Plan Policy, National Park Statutory Duties, Planning Permission Appeals
Administrative Law Planning Law Environmental Law Statutory Interpretation Development Plan Policy National Park Statutory Duties Planning Permission Appeals

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

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

Legal Issues

  1. 1 Whether the inspector misdirected himself on policy DP36 of the Local Plan
  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, properly assessed the weight to be given to that conflict by reference to the aims and objectives of the Local Plan, and discharged the strengthened statutory duty under section 11A(1A) of the 1949 Act by finding the proposed development would leave the natural beauty, wildlife, and cultural heritage of the National Park unharmed; thus, the claim fails.

Court Disposition

Claim dismissed