No Adastral New Town Ltd v Suffolk Coastal District Council & Ors [2015] EWCA Civ 88 (17 February 2015)

No Adastral New Town Ltd v Suffolk Coastal District Council & Ors [2015] EWCA Civ 88 (17 February 2015)

Procedural deficiencies in SEA and AA processes can be remedied by subsequent consultation and assessment before adoption of the Core Strategy; there is no legal requirement for screening assessment at an earlier stage under the Habitats Directive if a full AA is carried out before the plan is given effect; mitigation measures need only be assessed to the extent possible at the relevant stage, with further detail at later stages.

Citation
[2015] EWCA Civ 88
Parties
Claimant/appellant: No Adastral New Town Limited; First Defendant/respondent: Suffolk Coastal District Council; Second Defendant/respondent: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
17 February 2015
Procedural Posture
Judicial Review (planning Law) / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Strategic Environmental Assessment, Habitats Directive, Local Development Framework, Mitigation Measures, Public Consultation, Appropriate Assessment
Planning Law Environmental Law Administrative Law European Law Strategic Environmental Assessment Habitats Directive Local Development Framework Mitigation Measures +2 more

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Parties

No Adastral New Town Limited

Claimant/appellant

Suffolk Coastal District Council

First Defendant/respondent

Secretary of State for Communities and Local Government

Second Defendant/respondent

Procedural Posture

Judicial Review (planning Law) / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether procedural deficiencies in Strategic Environmental Assessment (SEA) process can be cured later in plan-making
  2. 2 Whether the timing of Appropriate Assessment (AA) under the Habitats Directive breached EU law
  3. 3 Whether mitigation measures for environmental impacts must be fully assessed at the Core Strategy stage

Ratio Decidendi

Procedural deficiencies in SEA and AA processes can be remedied by subsequent consultation and assessment before adoption of the Core Strategy; there is no legal requirement for screening assessment at an earlier stage under the Habitats Directive if a full AA is carried out before the plan is given effect; mitigation measures need only be assessed to the extent possible at the relevant stage, with further detail at later stages.

Court Disposition

Appeal dismissed

Orders

  • No Adastral New Town Limited's challenge to the Core Strategy is rejected
  • Core Strategy adopted by Suffolk Coastal District Council stands