Ashdown Forest Economic Development LLP v Secretary of State for Communities And Local Government & Ors

The Inspector's and WDC's decisions regarding the Core Strategy, including the housing requirement and protective zones, were rational, lawful, and complied with the SEA Directive, Habitats Regulations, and Environmental Assessment Regulations. The challenge failed on all grounds.

Parties: Claimant: Ashdown Forest Economic Development LLP; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Wealden District Council; Third Defendant: South Downs National Park Authority
Jurisdiction: England and Wales
Judgment Date: 21 February 2014
Procedural Posture: Judicial Review / Final Judgment
Outcome: Claim dismissed
Legal Topics: Strategic Environmental Assessment, Habitats Directive, Development Plan Documents, Appropriate Assessment, Judicial Review, National Planning Policy Framework

Planning Law Environmental Law Administrative Law Strategic Environmental Assessment Habitats Directive Development Plan Documents Appropriate Assessment Judicial Review +1 more

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 1

Parties

Ashdown Forest Economic Development LLP

Claimant

Secretary of State for Communities and Local Government

First Defendant

Wealden District Council

Second Defendant

South Downs National Park Authority

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the adoption of the Core Strategy was irrational and illogical regarding housing requirements
2 Whether the investigatory steps taken by WDC complied with the SEA Directive and Environmental Assessment Regulations
3 Whether WDC failed to carry out an appropriate assessment under the Habitats Regulations

Ratio Decidendi

Court Disposition

Claim dismissed