Weston Homes Plc, R (on the application of) v Secretary of State for Levelling Up, Housing and Communities & Anor

Weston Homes Plc, R (on the application of) v Secretary of State for Levelling Up, Housing and Communities & Anor

The Inspector erred in law by applying future legislative requirements on biodiversity net gain to an application made before those requirements came into force, failed to give adequate reasons for departing from a previous Inspector’s findings on indirect effects to ancient woodland, and failed to treat the provision of land for school expansion as a significant public benefit, thereby rendering the decision unlawful and requiring it to be quashed.

Parties
Claimant: Weston Homes plc; 1st Defendant: Secretary of State for Levelling Up, Housing and Communities; 2nd Defendant: Uttlesford District Council
Jurisdiction
England and Wales
Judgment Date
08 July 2024
Procedural Posture
Statutory Review Under S.288 Town and Country Planning Act 1990 / Judgment After Full Hearing
Outcome
Claim allowed; Inspector's decision quashed.
Legal Topics
Statutory Review, Planning Permission, Biodiversity Net Gain, Ancient Woodland Protection, Heritage Assets, Procedural Fairness, Consistency in Decision Making, Local Development Plans
Administrative Law Planning Law Environmental Law Public Law Statutory Review Planning Permission Biodiversity Net Gain Ancient Woodland Protection +4 more

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Parties

Weston Homes plc

Claimant

Secretary of State for Levelling Up, Housing and Communities

1st Defendant

Uttlesford District Council

2nd Defendant

Procedural Posture

Statutory Review Under S.288 Town and Country Planning Act 1990 / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Inspector erred in law in assessing biodiversity net gain (BNG) by applying future legislative requirements to the application
  2. 2 Whether the Inspector failed to give adequate reasons for departing from a previous Inspector's findings regarding indirect effects on ancient woodland
  3. 3 Whether the Inspector acted unfairly by failing to give the claimant a fair opportunity to address certain issues

Ratio Decidendi

The Inspector erred in law by applying future legislative requirements on biodiversity net gain to an application made before those requirements came into force, failed to give adequate reasons for departing from a previous Inspector’s findings on indirect effects to ancient woodland, and failed to treat the provision of land for school expansion as a significant public benefit, thereby rendering the decision unlawful and requiring it to be quashed.

Court Disposition

Claim allowed; Inspector's decision quashed.

Orders

  • The decision dated 15 December 2023 is quashed.
  • The s.62A application must be redetermined by a different Inspector at a fresh hearing.