Project Genesis Limited v Secretary of State for Levelling Up, Housing and Communities & Ors

Project Genesis Limited v Secretary of State for Levelling Up, Housing and Communities & Ors

The Secretary of State lawfully interpreted Policy 39 as applying to developments affecting AHLV, properly weighed landscape and visual impacts based on Inspector's findings, did not disregard or depart from Government policy on weighing benefits, and reasonably found Schedule 8 of the Unilateral Undertaking non-compliant with Regulation 122(2) due to lack of direct relationship and proportionality.

Parties
Claimant: Project Genesis Limited; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Durham County Council; Third Defendant: Consett Committee
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Statutory Review (planning) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Review, Planning Permission, Community Infrastructure Levy, Landscape Protection, Judicial Review, Weight of Planning Benefits and Harms
Administrative Law Planning Law Environmental Law Statutory Review Planning Permission Community Infrastructure Levy Landscape Protection Judicial Review +1 more

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Parties

Project Genesis Limited

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

Durham County Council

Second Defendant

Consett Committee

Third Defendant

Procedural Posture

Statutory Review (planning) / Final Judgment

Legal Issues

  1. 1 Interpretation of County Durham Plan Policy 39 regarding Areas of Higher Landscape Value (AHLV)
  2. 2 Lawfulness of Secretary of State's weighting of landscape/visual impacts
  3. 3 Compliance with Government policy on weight to be attributed to certain benefits

Ratio Decidendi

The Secretary of State lawfully interpreted Policy 39 as applying to developments affecting AHLV, properly weighed landscape and visual impacts based on Inspector's findings, did not disregard or depart from Government policy on weighing benefits, and reasonably found Schedule 8 of the Unilateral Undertaking non-compliant with Regulation 122(2) due to lack of direct relationship and proportionality.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Developer to pay Secretary of State's costs, to be assessed if not agreed