Campaign for the Protection of Rural England Kent Branch, R (on the application of) v Secretary of State for Housing, Communities and Local Government & Ors

Campaign for the Protection of Rural England Kent Branch, R (on the application of) v Secretary of State for Housing, Communities and Local Government & Ors

Section 85(A1) of the Countryside and Rights of Way Act 2000 does not require refusal of planning permission for development causing harm to an AONB; the duty is qualified and must be fulfilled within the evaluative framework of planning law. The Secretary of State gave proper and adequate reasons for her decision, demonstrating compliance with the statutory duty.

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
16 July 2025
Procedural Posture
Statutory Challenge Under Section 288 of the Town and Country Planning Act 1990 / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Statutory Interpretation, Planning Permission, Areas of Outstanding Natural Beauty, Duty to Conserve and Enhance, Development Control, Reasoning Adequacy
Administrative Law Planning Law Environmental Law Statutory Interpretation Planning Permission Areas of Outstanding Natural Beauty Duty to Conserve and Enhance Development Control +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

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

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) of the Countryside and Rights of Way Act 2000 does not require refusal of planning permission for development causing harm to an AONB; the duty is qualified and must be fulfilled within the evaluative framework of planning law. The Secretary of State gave proper and adequate reasons for her decision, demonstrating compliance with the statutory duty.

Court Disposition

Claim dismissed