Project Genesis Ltd v Secretary of State for Levelling Up, Housing And Communities & Ors [2024] EWHC 368 (Admin) (21 February 2024)

Project Genesis Ltd v Secretary of State for Levelling Up, Housing And Communities & Ors [2024] EWHC 368 (Admin) (21 February 2024)

The Secretary of State did not misinterpret Policy 39 of the County Durham Plan; the policy applies to development affecting an AHLV, not just development within it. The Secretary of State lawfully exercised planning judgment in attributing 'very significant weight' to landscape harm, and there was no unfairness or...

Source-derived case information.

Citation
[2024] EWHC 368 (Admin)
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
21 February 2024
Procedural Posture
Statutory Review (planning) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Review Under S.288 Town and Country Planning Act 1990, Interpretation of Development Plan Policies, Weight to Planning Harms and Benefits, Landscape and Heritage Impacts, Judicial Review Principles in Planning Context
Planning Law Administrative Law Environmental Law Statutory Review Under S.288 Town and Country Planning Act 1990 Interpretation of Development Plan Policies Weight to Planning Harms and Benefits Landscape and Heritage Impacts Judicial Review Principles in Planning Context

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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) / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State misinterpreted Policy 39 of the County Durham Plan regarding Areas of Higher Landscape Value (AHLV)
  2. 2 Whether the Secretary of State's approach to the weight given to landscape/visual impacts was unlawful or unfair

Ratio Decidendi

The Secretary of State did not misinterpret Policy 39 of the County Durham Plan; the policy applies to development affecting an AHLV, not just development within it. The Secretary of State lawfully exercised planning judgment in attributing 'very significant weight' to landscape harm, and there was no unfairness or unlawfulness in the process or sufficiency of enquiry. The claim for statutory review is dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim for statutory review under s.288 Town and Country Planning Act 1990 is dismissed
  • No order quashing the Secretary of State's decision