Anesco Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor (Re Application for Planning Statutory Review) [2025] EWHC 1177 (Admin) (16 May 2025)

Anesco Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor (Re Application for Planning Statutory Review) [2025] EWHC 1177 (Admin) (16 May 2025)

The Secretary of State did not err in law by conflating harm to setting with harm to significance, provided adequate reasons by adopting the Inspector's analysis where appropriate, and was entitled to reach a different planning judgment on the level of harm and the planning balance. The Great Wymondley decision was not sufficiently similar to require detailed explanation for a different outcome. The statutory review grounds failed.

Citation
[2025] EWHC 1177 (Admin)
Parties
Claimant: Anesco Limited; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: West Northamptonshire Council
Jurisdiction
England and Wales
Judgment Date
16 May 2025
Procedural Posture
Planning Statutory Review / Judgment on Substantive Application and Permission to Proceed on Ground 2
Outcome
Claim dismissed; permission to proceed on ground 2 refused.
Legal Topics
Statutory Review Under S.288 TCPA 1990, Interpretation and Application of Heritage Policy, Consistency in Planning Decisions, Adequacy of Reasons in Planning Decisions, Weighing Public Benefits Against Heritage Harm
Planning Law Administrative Law Heritage Law Statutory Review Under S.288 TCPA 1990 Interpretation and Application of Heritage Policy Consistency in Planning Decisions Adequacy of Reasons in Planning Decisions Weighing Public Benefits Against Heritage Harm

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Anesco Limited

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

West Northamptonshire Council

Second Defendant

Procedural Posture

Planning Statutory Review / Judgment on Substantive Application and Permission to Proceed on Ground 2

Legal Issues

  1. 1 Whether the Secretary of State failed to properly interpret or apply heritage policy in refusing planning permission for a solar farm development
  2. 2 Whether the Secretary of State failed to provide adequate reasons or act consistently with previous decisions, specifically the Great Wymondley decision

Ratio Decidendi

The Secretary of State did not err in law by conflating harm to setting with harm to significance, provided adequate reasons by adopting the Inspector's analysis where appropriate, and was entitled to reach a different planning judgment on the level of harm and the planning balance. The Great Wymondley decision was not sufficiently similar to require detailed explanation for a different outcome. The statutory review grounds failed.

Court Disposition

Claim dismissed; permission to proceed on ground 2 refused.

Orders

  • Statutory review application dismissed on all grounds.
  • No order quashing the Secretary of State's decision.